This is the story of getting back my money from the Builder.
I paid around 30 Lakhs to a prominent builder in 2012 and booked a flat in Delhi NCR. I also signed a Builder Buyers Agreement, BBA according to which, the flat was to be delivered in 5 years.
Sometime in Nov 2014, I found out that the builder is not doing any construction at the project site. I went to the Builder’s office to enquire the status. I was informed that there were some liquidity problems but work will resume within 2-3 months. I went again in Mar 2015. Again I was told that work will start within 1-2 months.
In July 2015, I went again to the Builder’s office. I was surprised at the scene in their office. Around 10-15 buyers were shouting inside office. Some were fighting with the sales representatives for bounced cheques. Some were demanding immediate construction. In the corner, there were 2-3 Jat bouncers (I am also one) to ensure peace. Even those pretty looking sales girls, who collected cheques from me in 2012, disappeared. My turn came. Again I was given assurance. I politely asked them to refund my money. I was told to submit an application for cancellation but refund could happen only after a year.
This was a big shock. Eventually I found that there are hundreds others helpless buyers, cheated by this Builder. These buyers had formed whatsapp groups and met on Sundays at a park in Gurgaon. From these meetings I found that the builder had no licence, diverted money into another company and had no plans to start construction at the project site.
I was more angry with myself than being angry on the Builder. Even after being loaded with the best of degrees, I got cheated by a Builder. But I took some comfort from the fact that my whatsapp group had Army Brigadiers, Police Inspectors, Lawyers, IBM/TCS Software Engineers, reasonably senior Government Officers.
I tried but I was not allowed to meet the owners of the company. Like most of my fellow Indian brothers, I tried to find someone who could influence builder. I knew a few MLA/IAS/IPS officers. They even did try, but no relief.
But something had to be done. I went to the District office of Town and Country Planning Department with a complaint. They took the application but refused to give me a receipt. I sat for 3-4 hours, but still they did not. Having no option, I came back and sent my application through registered post next day. I could not hope anything from a Government office, which did not provide receipt of a complaint.
After few days, I submitted a complaint to District Police and requested them to register a FIR for cheating. Nothing happened for 10 days. Met senior officers of Police Department, but FIR was not registered.
I had nowhere to go.
During this period, other buyers were also doing few things like signing online petitions, sending letters straight to Modi, protest march in front of builder’s office, blaming Indian system on whatsapp, forming a society to jointly fight against the builder, sending emails to Arnab Goswami, tweeting to chief minister.
Very soon, I realized three things (1) All these group efforts do not work (2) Only way to get back money is to create legal pain to the Builder (3) I have to do it alone and not in a group. If I create legal pain with 100 buyers, the builder would prefer to face legal pain than paying back to 100 people. So I had to be that “irritating but serious” guy in the Builder’s mind. Then only will he come forward to settle me.
To start with, I filed an application under Section 156(3) to the local court against district police so that my FIR may get registered. If the police refuses to register FIR, you can go to the court, who will direct police to register your FIR. I thought that the Judge will direct the Police to register FIR in the first hearing only. To my disappointment, the Judge admitted my application but under Section 200. This section means that the Judge has admitted my application as private complaint and will take a final decision only after analyzing all my evidences. That meant multiple hearings and time of few months before final decision on registering FIR could be taken.
Parallely, I sent an application to the State Consumer Commission. The Commission admitted my application but gave a hearing date after 8 months.
So, I found out that Criminal Case and Consumer Court Case were quite time consuming.
In the meanwhile, the Builder got arrested in another cheating case and was sent to Jail. Other directors of the company absconded. It meant that the hope of getting any money back was getting diminished day by day.
Slowly I learnt that the Builder had refunded money to those buyers who took him to the court and eventually to the Jail. I did not have any route to create “legal pain”. Both Criminal Case and Consumer Court Case were too slow.
But I did not want to sit quietly. I started studying everything about Builders. Right from how they acquire land, seek multiple licences and clearances from multiple Government Departments, issue advertisements, seek money from buyers, tie up with banks for loan approvals, divert money into other projects, evade taxes, extract money from buyers on pretext of XYZ etc. I just wanted to learn everything as if I would leave my job and become a builder myself.
Loaded with this research, I found that there were multiple irregularities that had been committed by the Builder. After listing down all irregularities, I started sending complaints and RTIs to concerned Government Departments. If you want to read how I created pressure on the Builder using RTI, do read my post on Using RTI against Builders.
I wrote to the DGP of state on why district police is not arresting other directors.
I wrote to the Town and Country Planning Department on violations in licence and external development charges.
I wrote to State Bank of India on how they approved loan for the project when all clearances were not in place.
I wrote to Jail authorities on attendance of arrested Builder in the Jail.
I wrote to the Chief Justice of Supreme Court on how the District Police is flouting Supreme Court guidelines on registering FIR just 30 Kms away from Supreme Court.
I wrote to District Police on why they are not taking any action against the Investigating Officer (Earlier the Court had made some observation against conduct of Investing Officer)
I was firing from all sides without knowing what will work. Draft of these complaints/RTIs can be viewed here.
And then something happened.
The Jail authorities informed me through RTI that the arrested builder is not in Jail but is in a Hospital. I immediately fired a RTI to the Hospital. I asked which doctor recommended him to the Hospital, what treatment is he getting, and why this treatment can’t be completed in the Jail.
The Hospital replied that they cannot disclose medical information of a third person without his consent. Disappointing for me but it is fair enough. But I did not want to stop there. After digging a bit more, I found a 2006 Judgement of Bombay High Court. As per this Judgement, it is true that medical records of third person can’t be sought through RTI but in case of Jail inmates, the medical information has to be disclosed to ensure that the inmate is not in Hospital just to avoid stay in Jail. The Judgement was not even digitized. I asked someone in Bombay to send a hard copy.
With this Judgement attached, I contested decision of Hospital by filing First Appeal.
Finally the day came. The builder sent someone to my home with a Demand Draft. Yes, he did not ask me to come to his office. The Bank Draft was delivered at home. Eventually I came to know that the Doctor in hospital told the builder that if you will not settle this person, I have to send you back to the Jail.
After this entire story, I have realized FOUR things
- Be informed about your project and builder. Study, Ask, Google. Do not let this situation arise that Property Dealer turned Builder is cheating Army Brigadiers and IBM software engineers.
- If already cheated, there is no need to look for IAS/IPS/Minister contacts. Just find out how and why you got cheated and take appropriate legal action. If some Government Official/Police is not doing his part, do not beg. Just take a receipt of your application.
- No builder returns money with emotional appeal that this is your life time saving.
- Take things head on. Do not be scared. Anyway you have given him all your money. You do not have much to lose.
If you are also victim of a Builder, I suggest you read Cheated by Builders
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