File FIR against C and D
2) if police refuse to lodge FIR file private complaint against C and D before magistrate to direct police to investigate and submit report
Criminal case against builder. FIR or complaint before JMFC or both?
Pune 1. In 1992, builder A & B constructed 21 flats nd 5 row houses. Project was on the land owned by ‘X' Coop Hsg Society. Members of this ‘X’ Society were the family members of A & B. 2. Plan was to develop another 80 flats and 10 row houses but A & B could not complete the project. We were never made members of the society. 3. In 2003, A & B gave development rights to C & D. They did not respond to our request to see the development plan. We filed a suit in the court and obtained a stay order. 4. A,B,C & D came for a meeting and agreed to our requests. They assured us to provide amenities like club house etc. A consent decree was issued in this regard by the court. 5. C & D commenced construction of 80 flats and 3 row houses in 2005. In 2006, C & D sent a letter to old residents asking for ‘One Time Maintenance Deposit’ @ 70 Rs per sq ft. Letter stated 'only interest component will be used for maintenance and the principal amount will be given to the society which is ultimately formed'. C & D took ‘One Time Maintenance Deposit’ from the new owners under same conditions for principal amount/ interest. 6. C & D took part completion certificates from PMC (total 5) from 2006 to 2015. Final CP was obtained in 2015. They did not provide the club house etc as agreed in the consent decree. 7. In 2016, C & D sent a letter stating that maintenance deposit is exhausted and we need to pay additional deposit @100 Rs per sq ft. We asked him to show the accounts but he did not. No one paid him extra. 8. Family members of C & D too became members of X Society. C & D never called for any GB meeting to form a society as reqd by law. 9. In 2017, C & D approached Dy Registrar saying that X Society had become defunct and that an Administrator (Admin) should be appointed. Dy Registrar appointed an Admin in Mar 2020. in Jun 2020, Admin asked C & D to handover the accts. 10. On 16 Aug 2020 Admin showed us accts submitted by C & D. Summary showed that C & D had spent 54 lakhs from his pocket over and above our deposit money for maintenance. These accts were not in proper format, no supporting docus and no mention of interest earned on our deposits. Admin told us that money of 3 projects was kept in 1 bank acct in violation to MOFA Sec 5. Admin assured us that he will ask for accts in proper format and will show the accts to residents before approving them. He never showed his face again. 11. In Sep 2020, we sent a legal notice to C & D asking for accounts and for him to finish the pending jobs. Did not get any response. 12. In end Sep 2020, we filed an application before DDR requesting for full disclosure of accts by C & D. On 05 Feb 2020, DDR ordered for full disclosure of accts under MOFA Sec 5. 13. Deadline given by DDR is over and C & D have not submitted the accts. Question Should we file a complaint in the court of JMFC or first file an FIR or both simultaneously? Bit skeptical about police taking any action as builders buy out Police!
Asked 3 years ago in Criminal Law
Religion: Hindu
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12 Answers
The proper remedy is filing private complaint in the Court of jmfc. A direction will be given to police to investigate which the police cannot ignore. If the police files final report you can file protest petition against the final report. For further clarification you may contact me through Pathlegal. Hit the like button if the advice is useful to you.
You can file a civil suit for rendition of accounts as well as direction to builder to form association as well as provide the other amenities he agreed to provide based on the consent decree.
The police may not entertain stating that this is a civil case.
Hence you may look for remedies through civil court or consumer forum against the builder.
First file an fir. If the police refuse to lodge the fir then file a criminal complaint against them.
Pls contact us on below mention address. Consultation prior appointment.
Vardhamane & Associates
Advocates & Legal Consultant
High Court, Mumbai.
Mr.Bhushan A Vardhamane.
Mrs.Shashi B Vardhamane.
Off Add:161-B,Swadeshi Mill Road,
Opp Shivaji Maidan, Nr.Railway Station, Chunabhatti (East),
Mumbai - 400022
Mob: [deleted].
Email: [deleted]
Taking into consideration the above said facts mentioned therein:
There are multiple courses of actions that can be ascertained with regard to your legal issue. However various documents prima facie plays an important role in the case which needs to be examined.
As far as your question regarding filing a complaint is concerned.
You may please note.
The Criminal Procedure Code does not provide for any provision with regard to the filing of FIR as well as a complaint with the court of JMFC at the same time and on the contrary this may result in adverse effect one the course of legal action you chose to take in your legal issues.
Hope this helps.
Best Regards.
Thanks. Got your point regarding filing both simultaneously. But what are the multiple courses of action open to us?
Asked 3 years ago
No need to file multiple cases
file private complaint if police refuse to lodge FIR
you can also file complaint against builder before consumer forum and seek orders to recover Rs 54 lakhs misappropriated by builder with interest
You have already got answers to all your questions which you have duly acknowledged but now you are again asking the same question in a different manner. You can decide further course of actions to be taken in this regard based on your circumstances as well as the suggestions rendered.
You are welcome.
As far as your question about the multiple courses of actions is concerned with regards to your legal issue. It is difficult to suggest the options available without any documents to refer & examine.
Best Regards.
The police will not register your complaint. That is for sure. Then file a complaint before a magistrate.
A consumer complaint can also be filed.
A complaint in RERA tribunal can also be filed.
Dear Sir ,
1)You should file a complaint in court of JFMC or
2) You can also approach the consumer court against the builders, for deficiency of service.
Thank you
If FIR is not registered then you can file application before the Magistrate under section 156(3) crpc.
Once it is allowed the Police would investigate the offence.
In that circumstances there is no need to file a complainant case separately before the same Magistrate..
