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Need advise on how to pursue action against society/builder
18-Jul-2023 (In Property Law)
Hi,
My family booked 2 flats in Dwarka in a yet to be constructed society. The sales people have been not responding and upon visiting the builder office, got to know that it was closed and that around 150+ people have been scammed in the name of DDA land pooling when the project is not a part of that. There is a criminal case filed by the state upon complaints of us investors. But wanted to understand how do we go about the recovery of our money? We are a group of around 60 people who are interested in pursuing legal action. Do we have to file individual cases or can we do something together? And do we need to file civil suit only or can we go for consumer court? And will the ongoing criminal case help us in recovering our money? Apparently, against bail for the prime accused, court has asked to deposit some money- is that something that stays with the court only or will that be provided to the investors? Need to understand the wat course of action in this matter.
After perusing the contents of your query We would advise you to first seek a detailed consultation from a lawyer and formulate a strategy. You guys can file a class action suit both before the consumer forum depending upon the total value of the complaint case as well a suit for recovery on account of breach of contract can be filed before the civil court.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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If the property was booked through a builder or broker then there must be an agreement which must have been signed by you. Agreement needs to be perused to see whether there is any arbitration clause or not. Also criminal complaint filed needs to be perused to strategise the case further as if the amount claimed has already been prayed in the said complaint then no separate suit would be required. Also for the compensation you can approach the consumer forum as well. Detailed discussion would be necessary to guide you better on your case. Please feel free to contact
Thanks
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Adv. Bhawana Pandey
Delhi | 1000+ Answers
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You have to make criminal complaint against builders or all culprits in Economic Offences Wing of Delhi Police, who has jurisdiction in the matter. Complaint should be drafted by a seasoned lawyer. Should contain detail of amount and should be signed by all. Take your respective money at the time of bail hearing by doing one to one bargain. That's the only way to deal with it.
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Adv. Rajinder Pal Singh
Delhi | 200+ Answers
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You can pursue class action law suit against the builder and seek recovery of your investments with interest through civil court.
Civil court will help you fetch speedy results as compared to consumer Court.
It is very unusual that a criminal court has sought for deposit of the investments from the investors such as you. Will have to check the order in order to understand the intent of passing such an order by the judge.
The only source for recovering your investments is through civil remedy only.
Rest I can guide you better upon seeing the documents. Hope this way resolve your basic query.
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Adv. Mayank Rustagi
Delhi | 25+ Answers
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hello clients as i can see your issue is really very serious in nature. yes offcourse each and every person need to take proper legal action against the builder so that number of people has been defrauded by the builder can recover the amount of money you all have invested in this project with the builder and defrauded you all. in mu openion there are much faster ways through whichh you money will get recovered as well as the culprits will remain behind the bars in jail tht is to proceed with high court.
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Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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Criminal case is for the offence …if they recover money from builder then u will get amount via court ..meanwhile u must file suit for Recivery under order 37 CPC ….the suit will be unanimously from all complaints…thanks
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Adv. D. Khan
Delhi | 1000+ Answers
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