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What legal action can be taken against the builder who cheated
13-Oct-2023 (In Property Law)
I bought a plot in Ayanagar, Delhi through a chain of GPA, the last GPA holder sale the same to me through SPA. 1. Is it right procedure or not can he has power /done this act or not? After some time, I realized that plot fall in Gram Sabha land and SDM of the area already take action in that land for demolition. Now I feel cheated. 2. Can I take action against the seller and if, yes than how? 3. What is proper procedure for the same and how to get my money back with interest? I have notrized (In near Tehsil office in the register of Notrary public with sign and photograph) SPA with signature and printed photograph, thumb impression and witness sign and all above same in Agreement to Sale. I have also Will, Affidavit and Receipt signed and above procedure by both parties i.e. seller and me. What legal action can I take?
You have various legal remedies. Both civil and criminal matters can be filed against the person who cheated you. Civil case would be to get your money back along with interest and a criminal complaint will be filed against him for action to be taken by police. You can see my profile and get in touch personally for details
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Adv. Rohan Sharma
Delhi | 200+ Answers
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Firstly, I would advise you that transfer of property through through a GPA/SPA is not considered as valid form of transfer of title of immovable property as per judgment Suraj lamps and industries pvt ltd vs state of haryana passed by Hon’ble supreme court of india
Secondly, i would like to confirm the purpose for which you have bought the concern property. As in order to recover the money from builder we have to approach consumer forum (summary procedure), howeve in order to file our case it is to be confirm that you purchaser the concern property for residential purpose.
In order to futher suggest you, i would need to go through the documents pertaining to flat sold to you
In case you have any further queries, do let me know
Secondly, i would like to confirm the purpose for which you have bought the concern property. As in order to recover the money from builder we have to approach consumer forum (summary procedure), howeve in order to file our case it is to be confirm that you purchaser the concern property for residential purpose.
In order to futher suggest you, i would need to go through the documents pertaining to flat sold to you
In case you have any further queries, do let me know
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Adv. Siddharth Joshi
Delhi | 25+ Answers
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Sir you should take a prompt action in the said case of yours. Firstly file a criminal complaint for cheating and fraud , thereafter if Police does not register an FIR, then you should approach the court u/s 156(3) Cr.PC for the same. Once the FIR is registered the court will direct the accused to pay for the losses incurred by you and may punish him. Alongwith the said criminal proceedings, you can file a civil suit for damages and both proceedings can go simultaneously.
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Depending on the level of knowledge of the seller / owner, you may consider filing a civil suit, sending a legal notice, initiate criminal proceedings by lodging an FIR etc. Please do not treat this as legal opinion opinion. More details are required to provide a more suitable answer.
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