• Landlord cancelled my power advanced amount not returned

Sir,

We have entered a JV agreement and constructed 16 flats. I have given advance of 1.5 cr. The ratio between me and land lord is 75:25. After completion of the constriction landlord demanded Rs 50,000,00 (fifty lakhs) additional. I denied. The Landlord cancelled my power and not returned my advance 1.5 cr. 

Can I book case under 420 against him?

I have made a complaint in commissioner office and they denied to book FIR against him

How to proceed further please explain. 

Regards
Charles
Asked 6 years ago in Property Law
Religion: Christian

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17 Answers

1) you can sue landowner of damages

2) claim loss suffered by you on account of unilateral termination of contract

3) since POA was coupled with consideration of Rs 1.50 cr landowner could not cancel irrevocable POA executed him

4) seek orders to set aside unilateral termination of POA

5) do not deliver possession of flats constructed by you to land owner

6) also file case of cheating, criminal breach of trust against land owner

Ajay Sethi
Advocate, Mumbai
94657 Answers
7524 Consultations

5.0 on 5.0

If 1.5 cr was only advance,were you required to pay any additional amount to the landlord post construction?

If the answer is no, move a private complaint with the Magistrate under section 156(3) and request him to book the landlord under relevant sections of IPC.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

If it is An IRREVOCABLE POWER OF ATTORNEY it cannot be cancelled without Mutual Concent,

You should go for a civil suit as well as Criminal Complaint

Abhinav Sabharwal
Advocate, New Delhi
41 Answers

4.5 on 5.0

first of all if the police has denied to take up your fir then file a Private Complaint under section 156(3) Crpc for offence of cheating fraud criminal breach of trust directly with the jurisdictional magistrate.

The magistrate shall take cognizance and direct police to investigate.

Further you can file a suit against the unilateral cancellation of POA as that was in lieu of consideration and there is joint venture agreement ask for specific relief in same and to enforce the JV and recovery of damages.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can do the following:

1. First issue a legal notice to the builder;

2. Then you can file a complaint against the builder against the following sections: 120B, 403, 405, 406, 415, 418, 420, and 425 of the Indian Penal Code, 1860;

3. If he still does not pay up, you can file a suit in the High Court and claim compensation along with interest;

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello,

Why didn't you file a case for breach of contract ? Its a complete violation of contractual terms .

You should file a criminal case u/s 420 as well as 406 of the IPC.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Yes. U have right to redeem the amount

Make a private complaint in the court and prey the justice to appoint a special police officer to investigate.

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

File a 156(3) complain before the mazistrate, and disclose all the fact.

You would get the FIR registered for sure.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

File a private complaint before the magistrate court having jurisdiction if Power was cancelled illegally..

Also file a civil suit for specific performance of jv agreement for getting the flats to the extent of your share.. and seek suitable interim directions preventing landlord from alienating the flats

Sricharan Telaprolu
Advocate, Hyderabad
170 Answers
88 Consultations

4.9 on 5.0

Yes it can be cancelled.if there is no.such clause the principal can make revision deed and can just intimate you by sending a copy.

On ground that he revoked POA criminal case cannot be filed.but you can file.a.case that you have investors that amount in lieu of JV agreement now to cheat you he has cancelled the POA. File a case of cheating and breach of trust on him

Further file a suit take stay on transfer of flats file a suit for declaration of your share as agreed in JV for specific performance and further recover damages from the principal.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

since POA is coupled with consideration as you have paid him advance of Rs 1.50 cr POA cannot be cancelled by land owner

2) file suit to set aside cancellation of POA and claim damages as advised earlier

Ajay Sethi
Advocate, Mumbai
94657 Answers
7524 Consultations

5.0 on 5.0

It has to be seen on what grounds he demanded 50L and whether such terms are part of the JVA. If you can bring home the charge that he had intention to deceive you right from the inception, then the ingredients of cheating shall be attracted along with other provisions of IPC.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

The landlord cannot unilaterally cancel the agreement.

You can file a suit for specific performance of contract since he has agreed and entered in the said JV.

The police may not entertain the complaint being a civil nature.

However you can approach local police with a complaint under section 420 and breach of trust.

You said that he cancelled POA, but have not stated whether he cancelled the JV agreement and also whether the POA deed was a registered document or not.

If it was a registered document then he cannot cancel the same unilaterally without your consent.

You can choose both the options for initiating legal action in furtherance.

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

The PoA issued in your favour has to be properly studied to see if the revocation was in order. Also, about the refund clause if any in case of revocation of the PoA. As it is not case of intentional fraud, no criminal action lies.

Swaminathan Neelakantan
Advocate, Coimbatore
2790 Answers
20 Consultations

4.9 on 5.0

Is it possible to cancel the POA without my presence? If no then please let me know the IPC section

The registered POA deed cannot be cancelled or revoked unilaterally by the executor/principal for any reason other than breach of the agreed conditions provided the same is mentioned in the deed.

It is not a crime under crimninal law but it will find place in civil law.

If he had sent a notice to you intimating the cancellation, you engage an advocate and give a reply notice denying the same and challenge his action in court of law.

The police cannot do anything in this civil matter.

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

A. The land owner cannot cancel the Power of Attorney as it was executed for the consideration which means under the Joint Development or Joint Venture Agreement, he has assured to provide land and the builder has promised to pay consideration by way of transferring 25% flat towards his proportionate share. These type of transaction would be treated as Owner executed GPA under the consideration and created interest over the property in favour of the builder under meaning of Section 202 of the Indian Contract Act. 1872 which means Irrevocable Power of Attorney nature even this word has not incorporated in the GPA also it shall be deemed irrevocable nature.

B. Hence, GPA cannot be cancelled by sending registered post to the Attorney holder under the above circumstances and if the GPA is registered, both parties to be present before the Sub Registrar office to remove the entry towards cancellation of GPA in Book No.4.

C. Therefore, you can approach the Civil Court to get injunction or any appropriate order or suitable remedy against the land owner and you are entitled to sell your respective units share with in 75% share and you can file recovery of money suit towards 1.5 crore advance as per the terms of the JV agreement (if the advance is refundable as per the agreement). The land owner has committed a crime under Section 405 of Indian Penal Code i.e, Criminal Breach of Trust.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

If the police I'd refusing to file fir you can approach the court for the same. You can file a Complaint in court.

Prashant Nayak
Advocate, Mumbai
31911 Answers
179 Consultations

4.1 on 5.0

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