Lawyer makes submissions on behalf of his client
2) no case is maintainable against lawyer
3) as far as builder is concerned if he has fabricated documents then you can file case against the builder for cheating ,using forged documents
BBA doc signature fraud
We purchased Flat from builder in 2021. The builder did not sign the Buyer Builder Agreement (BBA) and took the BBA with only the allottee's signature. In 2021, we filed a case against the builder with UP RERA that builder is not issuing BBA. In 2022, the builder's lawyer uploaded the same BBA in UP rera, still without the builder's signature, containing only the allottee's signature. During the proceedings, the builder changed their lawyer in 2024, and the new lawyer submitted another version of the BBA in 2024, this time with the builder's signature. In addition to our ongoing UP RERA case, can we file a criminal case for cheating or fraud against the builder and their lawyers for showing one rejoinder without builder signature and another one with builder signature? If so, which sections of the Indian Penal Code (IPC), such as Section 420 (cheating), Section 465 (forgery), and Section 471 (using forged documents), would apply? Furthermore, can I file a complaint against the builder's lawyers with the Bar Council of Uttar Pradesh for their actions?
Asked 3 months ago in Property Law
Religion: Hindu
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8 Answers
You can take legal action under criminal law against the builder for the alleged misdeeds and fraudulent acts.
However you may not be able to take any action against hi lawyers because lawyers cannot be held responsible for the information provided by the builder and who acts on behalf of their clients
Dear Client,
Yes, on facts, you can bring an IPC criminal case against the builder for cheating under Section 417 because it is alleged that different BBAs were presented to you, thereby misleading you. Sections 463 (forgery) and 474 (document) are also applicable if it is proved that the builder or his lawyer submitted any documents knowing them to be false, thus forged, or even altered while dealing during the case.
Regarding the builder's lawyers: if you feel they are doing it in bad faith and submitting misleading documents, then you can file a complaint with the Bar Council of Uttar Pradesh under the Advocates Act, 1961, However, you must have enough evidence to support.
Thank you.Hope this answers your query.
If there is the matter of false affidavit or documents filed by the builder, you may file an application of Section 340 CrPC before the RERA. Otherwise, you may proceed to lodge FIR against the builder but not on the issue which is pending before RERA.
Thanks and Regards
Raj Kumar Mishra
Advocate
HC, ALLAHABAD
- Yes, you can file a complaint against the builder for the offence of cheating , but no complaint can be entertained against his lawyer, as he was working on the instruction of the builder.
- You can also file a complaint under section 340 CrPC against the builder as well for giving false information to the court.
I booked a plot in Ansal API Infrastructure Greater Noida in 2012 worth Rs. 48 lakh. I paid 18 lakhs in 2012 but the builder has not delivered the project nor refund my deposit amount. The builder has transferred my unit in another builder Migsun Ghaziabad project in 2021 with a credit note of 31 lacks with an interest. 2- Migsun builder gave me shop no- FF23 in the project MIGSUN ROOP and asked me to pay another payment for a shop. I paid all the amount rs 36,96,000/- (5 lakh with cash and 31 Lakhs via previous builder credit note). But The promoter has not given the BBA and he got our signature on Allotment letter with Annexure for credit notes but that Allotement letter is not delivered to us. Migsun Builder has issued payment receipt of all the amount rs 36,96,000/- (5 lakh with cash and 31 Lakhs via previous builder credit note). Migsun builder is now saying that previous builder credit note of 31 lakhs is not materialized and I have signed Clause 3 and 4 of Annexure which make me to liable to pay 31 lakhs of previous builder ( Written statement is attached from Migsun Builder) Could you please have a look on attached written statement from Migsun builder and confirm if I am liable to pay 31 lakhs of previous builder even if Migsun builder has issued payment received of 31 lakhs to me and they have credit note doc from Previous builder ? Builder uploaded two BBA - one without builder signature and one with builder signature clause 3 and 4 of Annexure No 1 3. That the Allottee Totally consents that the adjustment of the Credit Notes Issues by Ansal, shall always be subject to the materialization of deal between Ansal and the Company. In case of non-materialization of any deal with Ansal, Company shall be entitled to dishonor the already accepted/adjusted credit notes against the total costs of the Allottee and the Allottee shall not be at any claim from the company in any case whatsoever. All the claims of Allottee shall be limited to Ansal only."
Asked 2 months ago
Agreement is one sided
once they have issued payment receipt of 31 lakhs it is binding upon builder
they cannot now claim 31 lakhs from you
If this transfer from your previous builder to the new one was accepted by you and having signed the said documents you may be liable to pay that to the new builder and can recover it from the previous builder by filing a money recovery suit.
Otherwise you can approach RERA or consumer court and also police station with a complaint in this connection and look for suitable remedy
The said fact needs a consultation from kaanoon lawyer and vetting charges after vetting entire WS
