Legal Question in Civil Rights Law in India

Breach of trust by builder

Dear Sir,

We are 43 flat owners in building named Krishna Kunj Kalyan (w) Mumbai, India. The builder has not co-operated with us for formation of co-op housing society; so we all formed the society under non-co operation with Registrar of co-op Kalyan. Now our issues are as follows:

1. The builder has taken in cash Rs. 20000 to Rs.35000 (AGGREGATE: RS. 1 MN) (depend on size of flat) as sinking fund deposit from us; the same is mentioned in the agreement for sale (no receipt being issued for the same). Now he refused to return the money. What remedy we have? (BUILDER HAS 3 UNSOLD SHOPS)

2. What the procedure to get the CONVEYANCE in the name of co-operative housing society.

3. Some shop owner has acquired the open space of our society; they are not being a member; what remedy is available to tackle the issue. The shop owners using the facility of the building but not paying maintenance: please guide.

We all 43 family will be very very thankful if you guide us in these dark days.

Yours Truly,


Asked on 7/20/05, 7:44 am

1 Answer from Attorneys

Devashish Bharuka Bharuka Associates

Re: Breach of trust by builder

File a consumer complaint before the District/State Consumer Forum. That's the best solution. Also, initiate criminal proceedings for fraud.

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Answered on 7/20/05, 11:14 am


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