Hi, We were planning to purchased a land near Gobra station, Hooghly. The broker had the power of attorney to sell the land. Initially we have paid an amount of Rs. 50000 in advance. The broker had given a initial Baynama / agreement on a stamp paper with duly signed and finger print, but there was no advocate signature.Then we had given him more money in cash in multiple installments before registration. Then we had registration through commission. Then post registration more than 3 months passed and nothing happened. The broker was telling like it would take time. After some day, we came to know that the power was fraud. Broker is agreed to give us other land/return back the money within 2 months out of which 1 month has already been gone. Now we are thinking to take legal action against the fraud broker and try to recover the money. Could you please suggest how and what are the action need to be taken? We don't have the orginal registry deed :-( . But we have couple of phone records and discussions records. All payments has been done by cash. Please help. Also I need below informations. Could you please clarify? 1. Whenever we paid an amount the broker wrote the amount and date on a stamp paper with a signature and finger print. Is this a valid proof? And for how long, the document is valid? Please help.
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1) file police complaint against broker for cheating , criminal breach of trust under section 406, 420 of IPC
2) rely upon agreement for sale executed on stamp paper entered into with broker
3) further rely upon notings made on stamp paper wherein amounts and dates have been mentioned
4) obtain coipy of regd sale deed through sub regsitrar office
5) also file suit to recover your money with interest if broker had no power to sell the property
1. You did a mistake by not checking the documents before making the bayna.
2.Now you have been duped so taking legal recourse would be only option which may not be a smooth sailing for you.
3. Since your broker did not have a valid POA you cannot file suit for specific performance of contract.
4.Your only remedy lies in lodging complaint with local police for cheating.
The broker has cheated you thoroughly.
It was your mistake that you did not obtain legal opinion from a lawyer before venturing into this purchase.
Even now there is no problem, you can issue a legal notice to the broker instructing him to return the amount failing which you may initiate proper legal action including a criminal complaint with the police.
Or, you may lodge a criminal complaint with the police in the local about this cheating activity of the broker and get him remanded, which will put pressure on him to settle the amount.
