June 8, 2016
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5:36Now PlayingBe Un Confused
Expert: Hemang Jariwala, Advocate, Mumbai High Court
Q: I booked my flat in Kosmos in 2009 at Noida Expressway, UP which is being constructed by JP Greens. As per agreement with the builder, flat should have been delivered by 2013. Despite persistent follow up, builder has turned deaf ear regarding any commitment to give possession of the flat. What can we do going forward?
Answer: Like you, there may be many flat purchasers who would be facing the same problem so as a class action approach the Economic Offence Wing and file a criminal complaint of cheating under section 420 of the Indian Penal Code against the builder. Simultaneously file a class consumer complaint under the provision of Consumer Protection Act, 1986 and seek injunction u/s 13 (3) (b), seek compensation per day till completion of the building and prevent the builder from mortgaging or creating or selling away the project to any third party.
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