You should lodge a complaint u/s 420 468 in your jurisdiction Police station immediately.
We engaged in agreement with dealer for Noida sec-88 plot, 5 years ago. He finally registered the plot but evaded possession on one or other pretext, and kept promising. But he disappeared and dismantled all contacts a year ago. perhaps he left to Bihar. we came to know that he did not have enough ownership as he sold. The said plot is claimed to be owned by a farmer. Please advise and leave a msg at [deleted]. I also wish an advocate willing to take it up with perecentage of refund (to be discussed). KM-resident of Okhla
Is there anway to take possession of any other land nearby, in exchange with an mutual GPA /agreement (with registration process)?
File complaint against dealer for cheating , criminal breach of trust under section 406, 420 of IPC
2) also sue the dealer to recover your money with interest as he is unable to deliver possession of plot
As you say that the sale deed has already been registered, look for the indemnity clause in this sale deed.
The indemnity clause indemnifies you against any legal dispute / legal defect in the property.
Also, launch a criminal case against the dealer for defrauding you and duping you of your hard earned money.
Is there anway to take possession of any other land nearby, in exchange with an mutual GPA /agreement (with registration process)?
And. No. The above is not possible in case the Dealer is absconding.
As the Builder is absconding the first thing that you need to do is to file a police complaint against him for cheating, fraud, forgery and criminal breach of trust under sections 415, 420 468 and 406 of the Indian Penal Code.
You can also prefer a insolvency petition against him in NCLT due to his failure to deliver possession to you and can claim entire refund along with interest.
You cannot take possession of any nearby land until and unless, you and the dealer enter into any agreement but since he is untraceable it cannot be done at this juncture.
Sir the case of cheating and fraud has to be filed on the builder along with a complaint in the consumer court for the possession and compensation for delay alternatively asking for the refund along with the interest.
If both the parties agree on making new agreement for new land the old one can be cancelled and he can provide you a new portion with the mutual understanding and registered deed,
Sir,
Regarding the cheating and grevience you have encountered, you are adviced to approach the consumer court as well as file a criminal complaint even though you may or may not have his address of bihar.
As you liked to take up the issue with an advocate taking percentage of refund, I would like to bring to your kind notice that good advocates always work with professional fees rather than commission.
We shall put our level best, rest is upon how you pursue your case with proper documents and intrest.
1) If the land is registered on your name than one should ask the possession of the land or ask the builder to cancel the sake deed and return the amount along with interest to you.
2) You may complaint this in RERA office plus consumer forum and in police station against builder under section 420 of IPC.
See what 420 IPC says
Section 420 in The Indian Penal Code
420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Firstly, as per the information mentioned in the present query, makes it clear that you have been cheated by the builder.
Secondly, there has been a presumption in the law, which states that you should inquire about the plot which you are going to buy.
Thirdly, anyway, now if I would advice you that yes you may get an offer for exchange of any other plot then it would be very wrong at my end.
Fourthly, you do not have any right over the land as it belongs to someone else, but yes you may file a police complian agaisnt that builder.
Hello,
You will have to file a suit against the said person for the recovery of money that you have paid to him.
You may file a case of cheating against him.
Also, if the title of the land vest with some person then the same could not have been sold to you.
Regards
There is no provision of taking a land nearby.
However, as against the compensation he may transfer one land of the same value to you.
Regards
You have to lodge a criminal complaint with the police about this fraud and cheating activity.
Since you have got the property registered on your name, you may even file a suit for possession.
You can engage the services of an advocate however be aware that an advocate demanding his fee on percentage basis is illegal and has been banned by supreme court in its latest judgment.
Is there anway to take possession of any other land nearby, in exchange with an mutual GPA /agreement (with registration process)?
You may have to file a suit for possession of the property which was registered on your name.
Please remember that the GPA is not a title to the property hence dont venture into such fancy ideas.