Builder Filed Case Against Owners
2 weeks ago
Builder already delayed the handover. During handover, they forcefully collected 1 year maintenance charge. For 1 year, there was no proper maintenance happened. Now again they raised invoice for next year. When we questioned, they are not ready to answer and threatening us by saying "You pay, I will speak". We dont have association yet due to delay of commitments promised by builder. Now trying to say "We never promised". There is no road facility, unable to apply for property tax. Now they registered complaint against few owners in near by police station for asking question and denying to pay new maintenance cost until we receive clarification. Builder now registered complaint against few owners who asked questions and delayed the payment for non submission of details and false commitments in near by police station.
The police authority typically does not intervene in disputes between a builder and flat owners. To address a false complaint or case, you have options such as filing a complaint case before the magistrate or lodging an FIR under sections 182 and 211 of the IPC against the individual making the false accusations. Knowingly filing a false complaint or accusation is a criminal offense under these sections.
Regarding disputes between a builder and flat owners, resolution avenues include approaching the adjudication officer of RERA if the housing project is registered under RERA, or seeking redressal before the Consumer Forum based on grounds of deficiency in service and unfair trade practices by the builder. Complaints to the Consumer Forum must be filed within two years from the date of the cause of action. It's important to note that you cannot simultaneously raise your complaint or claim before both the Consumer Court and RERA for the same cause of action.
Additionally, you have the option to file a civil suit for specific performance against the builder or developer before a Civil Court to seek appropriate relief in the matter.
The police authority has nothing to do in a dispute that arises between a Builder and the Flat owners. To address a false complaint or case, you can file a complaint case before the magistrate or file an FIR before the police u/s 182 and 211 of IPC against the person who has filed a false case or complaint against the flat owners. It is a criminal offense u/s 182 and 211 of IPC, 1860 to knowingly make a false complaint/accusation and register a false complaint against any person. However, a dispute between a Builder and flat owners may be redressed by approaching to adjudication officer of RERA if the housing project is registered under RERA or before the Consumer Forum on the grounds of deficiency in service and unfair trade practices on the part of Builders claiming appropriate relief in the matter. A complaint before the Consumer Forum should be filed within two years from the date of cause action. It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time. Apart, you can file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. If required, you can avail of the service of an Advocate to resolve the matter in the right way.