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2 weeks ago

The building doesn't registered in RERA but he sold as a Prelounch offers and then company directors absconded, can I complaint in RERA or consumer court or police or directly court.? Please advise

Anik

Responded 2 weeks ago

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A.Dear Client,
After serving a legal notice to the company, you can file a complaint under Sec.35 of the Consumer Protection Act, 2019 before the District Consumer Forum for deficiency in service and unfair trade practices and claim appropriate compensation. Otherwise, you can file a police complaint against the directors for fraud and the authorities will be able to take action against such fraudsters. If required, you can also proceed with a criminal case against them.
Hope it helps.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
As the housing project is not registered under the RERA, you have to file a complaint against the real estate company and its directors before the District Consumer Commission under Sec.35 of the Consumer Protection Act, 2019 claiming a refund of your invested money along with compensation for harassment and cost of litigation. The complaint should be filed within two years from the date of the cause of action. Given the scenario, you have to lodge FIR immediately against the concerned persons involved with the fraud real estate company in the local Police Station for cheating (u/s.415 of IPC), Criminal misappropriation(Sec.403 IPC), and Criminal breach of trust(Sec.405 IPC) and simultaneously serving a strong legal notice to the fraud company, file a criminal suit against the company and its Directors before the appropriate Court having jurisdiction over the suit property. . Further, if the Company is registered under the Companies Act, then you can file a complaint before the Serious Fraud Investigation Office(SFIO), a wing of the Ministry of Corporate Affairs that investigates and prosecutes complex corporate frauds assigned under Section 212 of Companies Act 2013 at its regional and head office at Delhi and other state capitals. Last but not least, if other customers/buyers of the same project are facing the same ordeal, you can collectively fight for the right to justice before the Court. Feel free to contact our legal team to avail of our expert service to navigate the issue in the right way.
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Vidhi Samaadhaan Vidhi Samaadhaan

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