• Cheque Bounce / Cheating / Real Estate - reg

Respected Sir, 

This is Ramesh from Bangalore, Karnataka. I have booked a Flat on 17th Jul 2016 and paid two lakhs (through Credit Card) in M/s Gruhakalyan private real estate builder. After booking I came to know they are doing cheating business and no property in their name. They are collecting poor people money and enjoying their life. Finally I have submitted cancellation form on 20th Sep 2016, they promise me to refund after 90 working days. I approached them for refund of my booking amount. Whatever cheques they are issued to me in Jan-2017 and the same has been returned unpaid by bank signature differs. Again they gave commitment letter on 10th Feb 2017 and promise me to pay on 20th Mar 2017 without fail, but they didn’t paid again. Today I went their office and their office closed permanently. Ms.Majumdhar Shataparni she is a Managing Director as per their Agreement of Sale. Still now I didn’t file any case . How to approach further legally, Please advice me.

Thanks & regards,

Ramesh I
+[deleted]
Asked 7 years ago in Criminal Law
Religion: Hindu

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5 Answers

1. Well,do not waste time any more and file a case of cheating in the local police station.

2.TO get back the money file a case before the consumer forum wherein you would get the refund ,interest and compensation.

3. These two legal proceedings would be enough to take care of your problem.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. You ought to have conducted due diligence before booking the flat.

2. Now go to the jurisdictional police station without delay and file a FIR for the offence of cheating and criminal breach of trust under sections 420 and 406 IPC. Before they go completely off the radar they have to be arrested by police if you are to recover your money.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) file police complaint of cheating , criminal breach of trust against MD , company under section 406, 420 of IPC

2) also file complaint against builder before consumer forum seek refund with interest , litigation costs and compensation for mental torture under gone by you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

File a written complaint against the MD and authroised persons before concerned police station. In your case the company MD has charged under the head cheating and criminal breach of trust by police.

For getting damages and advance money, you have to approach the consumer forum

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

Since the cheques were returned unpaid, you may first issue a legal demand notice to the concerned people.

After that you can file a cheque bounce case under the provisions section 138 NI act.

Alternately you may lodge a criminal complaint with the police for the offences of cheating and breach of trust,

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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