Real Estate fraud, file complaint against Builder.

September 3, 2015

Real Estate fraud, file complaint against Builder.

Sep 3, 2015Consumer, Project Karnav

Have you booked your house on EMI or DIARY basis? Or have you not yet received possession of your house? Did you get fewer amenities than you were promised?

Whatever is the case, your legal rights are at risk. Generally, Builder carries certain bold reputation that a house owner hesitates to initiate legal action. On the other side, legal advisor and lawyer are not always equipped with a specific procedure that serves affordable and timely remedy to the house owner.

If you are denied for possession or builder demand extra money for sale deed registration, you have legal right to drag him to court and court will safeguard your rights. So what are those rights? Are they civil rights? If yes, then you must have heard that civil cases take many years.

Our opinion is No for Civil Proceeding but Consumer proceeding. You do not require a lawyer to present your case and in fact, consumer court in India are consumer friendly. There are steps to follow to address your grievance, such as, initiate phone talks with Builder, If he has not responded you then write him Legal notice (you don’t need a lawyer to write legal notice however, it is advisable if you can hire expert in consumer matter) and after serving notice, you can submit evidence of your grievance with notice proof to consumer court. That’s it. The court will issue builder a notice and most likely you complaint will resolve.

Furtherance to that the consumer may file Criminal Complaint depending on the merit of his complaint and We at Project Karnav made Filing FIR easy with our full fledged support. Police in many cases refuse to file FIR or take complaint however delay in register FIR or investigate complaint due to influence of wealth class but when a consumer show patience and courage, it is easy to penetrate barrier to file criminal complaint. Consumer can also get compensation from court for the time, mental harassment and other loss that they have faced.

The shocking part of the consumer grievance story is that they make full payment and takes a loan, however, the builder gets a default and file insolvency whereas the consumer is unable to recover their monies and bank recover their monies lent to the builder. This is the pathetic situation of consumers however it is expected that RERA act will give broader consideration to consumer issues.

If your complaint is not addressed or resolved by builder or real estate agent, you can obtain our NGO support including consumer case filing assistance under consumer Law, RERA Law and If required filing police complaint. You can find more information here.

By Karnav Shah

Karnav Shah is a Life Transformational Strategist, Serial Social Entrepreneur, Author and Founder of NGO: JivanamAsteya.org. Find More about him: https://bit.ly/2xJuZL6

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32 Comments

  1. Sachin lakhwani

    I have invested one of prelaunch project in ambermnath they have comited me the will start work in one or two months but one year gone neither they have started the work nor they are repaying my 5lakh after a lot of follow up with them. Help

    Reply
    • Karnav Shah

      Kindly provide the name of the builder, date and mode of payment and any written agreement or email? your city, project location and builder’s head office location.

      You can send your detailed complaint to info@jivanamasteya.org for efficient support.

      Reply
  2. Kanti patil

    I have invested around Rs. 8 lacs as booking amount in a prelaunch project near bokadveera- Uran Navi mumbai- maharashtra, in year 2012 but after a year builder R. Gala of shree shantinath enterprise become a fraud and in police custody for many cases, he had that cidco plot on his name, but pls guide me how can we logged complaint against him, we have only receipt given by him against payment done by cash and cheque.

    Reply
    • Karnav Shah

      What is the current position of builder? Is he free or passing jail term? Send us the date, amount, receipt detail at info@jivanamasteya.org

      You can certainly take action.

      Reply
  3. karnav shah

    More detail could have been appreciated however for general lublic2 information, your post is approved.

    Reply
  4. Abhisek Sinha

    Sir,
    I have purchased a 2 BHK flat in Neharpaar Area in Faridabad in oct 2008 and at the time of purchase I was promised that they will deliver the flat by 2011 max.But this is 2016 and still they have not delivered the flat.
    Builder-ORS Royal Residency.
    So I want to file legal case against the builder and claim for compensation.

    Reply
    • karnav shah

      You can certainly file a case under the consumer protection act 1986 and procedures are hassle-free. You can ask for compensation and 18% interest on the amount paid from the date of agreed possession delivery. Please send us the detail of your complaint at info@jivanamasteya.org and we will get back to you through email, WhatsApp or phone as per your comforts.

      Reply
  5. venkat

    dasri real estate fraud i paid money installement no regestration

    Reply
    • saleem

      Sir,
      dasari estates owner in vizianagaram andhra pradesh ran away with 20 lakh rupees collected from customers by promising to registration of plots in neliwada site near to vizianagaram. lot of people deposited money in instalments with that instalment amount he ran away. people are in confused mood what to do because hard earned money has gone into water.

      Reply
      • Karnav Shah

        Hello

        You need to register FIR and go to court to issue a warrant or the same, by police. Police may reluctant so the court is an additional option.

        This will ensure chances to caught him anytime and if he comes publicly, he would be arrested and you can recover money and take action.

        Reply
  6. Rumana

    Sir,
    I have booked two 1 bhk apartment in Hirandanani bangalore in the month of April 2016 by paying 4 lakhs..I have also given post dated cheque towards payment of 20% earnest money.The sales guy told that the units are lake facing but on investigating I found out that they are not.The application & sales quotation says that if they don”t receive earnest money within 30 days they will cancel .I have told the sales guy to cancel the booking .He told me the money will be refunded but he didnt inform CRM team about refund.Now the sales guy has left the company and they are forcefully trying to forfeit the entire booking amount though I have not signed any MOU or sales agreement other than the application and sales quotation.If the dont accept earnest money after 30 days how is that the collected PDC for 2nd june as booking is made in April and if they are not aware that I have requested cancellation why dint they go ahead and submit the PDC after 2nd June.Now they are harasing me and trying to take the entire 4 lakh rupees.I also have watsapp chat where I have asked for booking cancelation.Please advise.

    Reply
    • Karnav Shah

      hello

      Thanks for the comment. you need to send notice to a builder or whom you made payment and ask them to return your money with 18% interest due to unethical trade practices and deficiency in services. allow them 15 days to resolve the issue. and failing to that, file a petition before the district consumer forum of your city. this is the right remedy. you can file a police complaint however for the recovery of the amount, consumer complaint is the best way. if you have no time or wish to refrain from the technical process, you can choose our full fledge action plan.

      Reply
      • Rumana

        I have spoken to one of your representatives and discussed the case.I am sending a letter tomorrow if I don”t get any remedy in next 15 days .I will get back to you for services.You guys are doing a very good job and I would recommend others to use the services as well.Thank you

        Reply
        • Karnav Shah

          Hello

          That’s great. His (my) name is karnav shah, for your reference.

          And, feel free to ask any question you may have. Rest ensure, there is no charge or professionalism as our primary cause is to empower you and eliminate all the hurdles in the way. Charges only come in the picture when pro support of expert and posting related expenses incurred otherwise the price of PLAN is limited to expenses and cost to sustain https://jivanamasteya.org/project-karnav

          Reply
  7. Kajal Mishra

    Hello sir,
    We have purchased a flat in mumbai nallasopara area, our builder not full filled his promise and he have not given all eminites what he was shown us in browser. And we dint done any lone we gave our money in cheque , we ragister this flat but builder not given position later and oc and all we paid maintenance also but we stopped only 30 thousand because he didn’t giving any thing we are faceing lots off problem , he stopped our water supply too , what I can do in this case ? 2 and half year passed but he is not doing any thing?

    Reply
    • Karnav Shah

      Hello

      you can centrally file a complaint and recover full money + compensation + Penalty and correction in services as per your need under the consumer protection act 1986.

      you need to send the notice with exact details in a precise manner and then file the consumer complaint. it’s easy and hassle-free. don’t let your right violated.

      you can further buy this affordable book for an end to end guide: File Consumer Complaint without Lawyer: A Solid Guide to Contest, Resolve & Win Your Consumer Court Case like a Pro in India.
      by KARNAV SHAH
      Link: http://www.amazon.in/dp/B01JM76M58

      Or

      Open your complaint ticket here: https://jivanamasteya.org/project-karnav/

      Reply
  8. unnamed

    hello sir I am from siliguri invested one township project company and they promised they will handover in 3 years it almost 3 year but they have not started work yet. I am afraid now whether they planing to cheet us or what. when I ask for the work they say from next month they will start. the owner is so powerful . I don’t understand what should I do and how will I confirm whether they really work on it or not. plz suggest me some safe and effective way plz plz plz help me.

    Reply
    • Karnav Shah

      It is strongly recommended to send notice and file a consumer complaint. It is fast, secure and very simple easy. We can also assist in the full process, hassle-free including negotiations with the builder as the first steps.

      Don’t be get fooled by false or misleading promise. Because of the delay of the possession, you have the right to demand capital with interest and compensation.

      Forward your complaint in bit detail at support@chintalessnagrik.com or file the short form online at http://www.ChintalessNagrik.com under consumer complaint. Be confident, however, take steps. The case can be compromised at any stage so file a complaint to secure your interest. It’s not expensive.

      Reply
  9. anil

    sir,
    i have booked flat with ERA land marks (ADEL) in 2012 and till now they haven’t delivered anything .
    i have payed around 50% amount of total cost .
    i have visited many time builder office but not giving any right answer or returning money.
    pls advise what to do

    Reply
    • Karnav Shah

      You can file a complaint here https://jivanamasteya.org/project-karnav/

      Be informed you can file a consumer complaint about a refund with compensation. The process is easy and hassle-free. You don’t require a lawyer. You can take our assistance too.

      You need to send a notice (ensure you take our advice on it)

      Wait 15 days

      If he doesn’t resolve the complaint, approach the consumer forum for refund and compensation. There are no heavy expenses involved.

      Reply
  10. Seema

    Gross cheating by Paramount Floraville site Project team, Head of Possession process with not even a single response to complaints to all levels of Paramount management including its Director/s except it’s MD Mr Mukesh Agarwal. I recently took possession of my house in good faith as I was told that the house fully ready for possession. And that not only those shortcomings have been addressed but even the ones thoeseseen themselves by their site Project team. However, on entering, the house was found to be in very shabby and pathetic condition with all door frames faulty with various holes, tilted and broken at places, all door beadings incomplete & wrongly fixed, drainage problems in balconies & washrooms, tiles broken or mismatching in good part of house, with next to zero tiles grouting, Roof Kornish broken at various places and the list goes on. To all our complaints the response recd from their Director Mr. Gandhi was that he is busy, Site Project Head Mr. Rehan Khan is just rude and discourteous, Possession incharge Mr Kapil Gupta responded by visiting my house and pretended as if he was feeling ashamed abt the condition of the house handed over to me but apart from saying that he felt that we were unlucky Dud nothing else. Apparently only people (that I could find) whose houses were given in comparable better condition were people like landlord of a Director, Uncle of another Director, ones owned by vendors, suppliers or associates of Paramount, the ones who bribed the site Project teams, some who could come together and put combined pressure on the builder or some others who could get to meet & escalate to their MD Mr. Mukesh Agarwal and his intervention helped these fortunate ones. Seema, Tower Kenndia, Paramount Floraville Sec 137, Noida

    Reply
  11. Rekkha yogesh Shah

    sir,
    i had paid Rs 5lakhs in march 2015 to the agent for mhada mill worker flat in kandivali east, my relatives and friend also invested money for the same total amt paid to him was Rs 26 lakhs in cheque and cash both , in return he gave us receipt and also done agreement on 100 rs notary paper and gave each member 5 lakhs security cheque . she showed us a flat and said within 3 month you all will received a allotment letter from mhada. But he gave me the allotment letter after a 6 month and said due to some technical issues others will received later after 2 days when i went to mhada for inquiry it was a great shocked to me that the letter was fake and the agent has done fraud to us. we immediately start asking for money instead of flat he never refuse to give our money back but till today he has not given our money . but always give us post dated cheques which got bounced the last cheque which was bounced was in the month of july and we had to pay the penalty to back.
    Sir i know we did big mistake …but is there any way out to get our money back……..He has not only done fraud to us when we done his inquiry near his residence he has even taken many ppl money that also cheque payment as well as cash payment i guess total 45-to 50 lakhs or more he has done fraud and we know many people we meet them also and was shocked hearing about him his father is retired mahada officer……..we has given written complain to local police station but he always give false promises…sir pls pls give me some sugesstion to recover our amount from him.

    Reply
  12. laxmi

    Hii
    We had taken aproperty around 3-4 years back but the builer not giving possession on time so we cancelled it & asked our payment back he refused to give we followup a lot he give then 2 lacs & 5 lacs cheque the cheque bounce againg we follow up lot but he is not giving at last we file a case against recovery & suite . 6 month happen but the case no moving still not one hearing come i think our advocate is also linked with the builder the advocates he asked 50 thousand fees so we paid 20 thousand to him he doing nothing we want to cahnge lawyer what the procedure & he returned our fees .kindly advice

    Reply
  13. kavita pawar

    hello sir,
    we had booked a flat in padmavati nagar virar west on jan 2014, we had given 50000 rs cash as the booking amount and cheque one of rs 100000 an the other of 550000 to the builder in the name of the developer when only bhumi poojan was done on that plot and in these two years he hasn’t even build 1st floor of the building and when we asked him to give us our money back every day he gives us a date and then he says that i am not able to collect them from my partners

    Reply
  14. SS Behera

    Sir,
    I had booked a flat (ready to move) at Bhubaneswar by the payment of a sum of Rs. 10.10 Lakhs in July’ 2015 without making agreement. I paid them such amount (by cheques and e transfer) by simply faith on them. I have only original money receipts with me and their congratulation letter of booking.When I asked for the complete set of documents of the flat for home loan, they delayed to present me the paper telling absurd things. When I visited their office at Bhubaneswar they did not cooperate me. when I went to see the flat in the month of Dec’2015, I was shocked to see the condition of the flat. The quality of construction was so poor the flat cannot be resided. Then I told them about the condition of the flat they tried to avoid my questions. Due to their non-cooperating attitude and substandard construction quality, I decided to cancel the booking. Finally I cancelled and applied for refund of my advance money with proper channel. After so many times of discussion they have refunded a sum of Rs. 2.50 Lakhs till now. On the other hand they had given 2 cheques of 1.50 Lakhs each( 3.00 Lakhs) which were bounced recently. After that they are not receiving my phone calls or not answering the messages. Having seen their such attitude I served a legal notice against them. Now they become very daring not respond a single word. What shall I do get back my rest amount Pl. help me.

    Reply
  15. Harsh

    I bought a new flat costing 12 k and I have given 2000 to broker and have no more money but he is forcing me and giving treating messages and calls making me mentally torture and saying to file a police complaint against me . I asked him that I will pay in few days and he told me lie about things available in flat . What should I do and can he force me and file complaint against me.

    Reply

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