• What is to be done in case of fraud by use of forged documents

Five years back I was deceived by a person for Rs. 18,00,000. He claimed him self to be a recovery officer at CIDCO and that he could provide me a good deal in CIDCO plots under recovery. He claimed that since plots were under recovery only cash payments could be done to purchase it. He provided me payment receipt of CIDCO for the entire amount of Rs. 18,00,000 that I paid him. Later he provided me allotment letter, possession letter and purchase agreement of the plot. However we later realised that the documents had a plot number which did not exist. Further inquiring at CIDCO office we realised that the documents were forged. Everything was forged, from the receipts to the agreements. The person claims that he would repay my money since past 5 years, but till date there is no progress. How should I handle the said concern and whom should I approach to recover my money from this person.
Asked 7 years ago in Criminal Law
Religion: Hindu

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6 Answers

1) file police complaint of criminal breach of trust , cheating , fabrication of documents , forgery against the accused

2) do you have any letter wherein he has assured you that he would repay your money

3) you ought to have filed suit within period of 3 years of fraud being discovered .

4) the delay in filing suit ought to be explained . your claim would be barred by limitation

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

You can approach the court by filing civil and criminal suits.

In criminal side, file cheating case against that person before concerned police station. If the police do not register the case, then file a private complaint before the juridical first class magistrate court.

In civil side, you can ask the damages along with realizing 18, 00,000/- But remember that there is limitation is hit on your case and think how can escape from limitation.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1. You have wasted 5 years in adopting your legal remedies, as a corollary thereto he is now enclothed with many legal defenses including that of limitation. Be that as it may, now file a criminal complaint for the offence of cheating and forgery against him. If he does not repay the money even after the filing of the case then a civil suit for recovery of money will have to be filed.

2. You should approach a lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1.DO not wait anymore.

2.This man must a fraudster as otherwise he wouldn't have resorted to forgery for sure.

3.Immediately lodge complaint with local policy on which basis the FIR would be registered.

4.if you rely upon this man for return of money you would never be repaid.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

You have to approach local police and lodge a written complaint narrating the cheating and harassment mated to you by said person. Police will registered a FIR and inquire into the matter. If police not registered any complaint after you approached them, you have to file a private complaint before concerned magistrate seeking refer the matter to concerned police under section 156(3) of CrPC for inquire and report. In turn the magistrate will refer the complaint to concerned police and the police must registered a criminal case against said CIDCO officer.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

You have not mentioned that whether you have initiated any legal action to recover the money from him, which includes a police complaint.

At this belated stage you cannot lodge a police complaint too.

For recovery of money you could have initiated at least money recovery suit, you have not mentioned what action you have taken for all these 5 years to enable us to guide you further in this aspect.

You may revert with details.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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