Sir,
I booked a flat 3years back and received the flat key 3 months back only through Hon'ble Judge of Highcourt. The builder has attracted me in the initial stage with sweetcoated words and showed his real face on receipt of over and above the full and final settlement as per agreement and refused to complete and deliver my flat and sending letter through his lawyer for Escalation in cost of materail and labour. We approached police as we are been cheated by the builder and for protection and immediately builder filed Unwarranted, Unattinable, Unmaintainable and false Civil & Criminal case as Private Complaint against us to escape from police intereference. We approached Highcourt for Justice & proved that all allegation made against us are false and finally got my flat on hand. I have advised by the Justice that I should not file any case against builder for "Compensation for Delay" (available in Construment Agreement) and informed the Authorised Representative of the Builder to withdraw all case with immediately. I accepted it as "JUSTICE AS DIVINE COMMAND", but the builder has not oblidged the words of Justice or not taken any step to withdraw the case till date.
1. Can you please suggest what step can I take now against this revengeful builder? Being we have suffered & incurred Financially loss and Harrassed Mentally & Physically because of this revengeful attitude of the builder.
I have seen News Article and Report of that "Magistrates asked not to entertain private complaints Police not to register criminal cases in such complaints Erring magistrates warned of stringent action".
2. Can you please let me know, How Court can accept any Private Criminal Complaint filed by an Individual to harras thirdparty without verifying the fact of the case, being it is Civil in Nature?
3. What is the use of Agreement of Construction, when it does not protect the Purchaser / Consumer?
Please provide a positive reply which would enable to solve this problem.
Also, we have consulted one of the advocate of consumer forum, but it was advised that being builder has filed false civil and criminal case against us, so hope given to us is very less.
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