• My registered plot declared wet land by government and seller is not returning the money.

Sir
In may 2017 , i bought a plot in Kolkata from biswas enterprises and got registered. After 1 week , i came to know that this property is declared wet land by government and hence all boudary wall is demolished by police.
I approached the seller to return my money , but he denied and said that nothing will happen i am going to fight the case against the government. If i loose the case then i will think for returning the money . You dont worry , i agreed because almost 300 buyers are there in that land .
In the meantime i met several times with the builder (seller) but he always gave a new date of visit his office saying tgat next date of hearing our case is so and so.......
Keep hope i will certainly win ....
But now in August 2018 ,i came to know that he had lost case from calcutta high cout.
Again i approached him , this time he is saying that how can i return the money since i have registered the plot on your name. Also saying that i have given your money to the original owner of the lad i was just given power of attorney to sell those plots . 

Ok i talk to me december ....just ignoring me by giving a new date as usual.
I have felt that he is in no mood to return the money. 
I have been given the search paper and tax receipt of that land .it was not writtem a wet land on those papers.
I arraged the copy of his court case and i found that there was already case on this land since 2015.
Which he didn't disclosed anytime before registry of the plot.
Now i feel cheated by a properly prepared pre pkanned fraudulent. 
I feel helpless .....
Please help....
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

1. Complete search in respect of the property is required to be conducted at the Registrar's office and also at the Courts to be sure that the land to be purchased is free from any encumbrances/defect.

2. The fact that the said land has been declared as wetland will not be mentioned in the title documents but in the website of the concerned department dealing with the Wet land. So, proper pre-purchase property search is very important to ensure safe purchase of land.

3. Since it is in connection with a plot of land without any construction thereupon, you can not approach the Consumer Forum.

4. You have already taken too much time to understand that you have been cheated by the seller. You should now lodge a police complaint immediately against the said seller bringing the charge of cheating of you by taking money from you for selling the unsaleable piece of land.

5. If police refuse to register FIR against the seller, file a Writ Petition before the High Court praying for a direction upon the police to register FIR, investigate and act as per law based n your said complaint.

6. Simultaneously you should also file a Money Suit praying for refund of the said amount paid by you with interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1) You can file fraud and cheated case against builder ipc 420.

See what says IPC section below

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.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

There must be indemnity clause in your sale deed which indemnifies you in case any claims are made against the land

2) sue the seller to recover your money with interest

3) seller had suppressed fact that case against him for said land was pending since 2015 abd that he dies not have clear and marketable title to the property

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Sir file a case with police that is register FIR for cheating and fraud on the builder and original land holder under IPC 420 and 406 and file a suit in the court for the refund of the amount given to the builder along the interest.

Further if the builder has not disclosed the ongoing cases obtain the copies of the title of the property and the ongoing case.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Do not run after him as you have wasted already enough time and you should have taken the legal recourse from the very beginning.

2. Now without delay file a case before the consumer forum wherein you can seek refund of your money along with interest.

3. The forum will award you not only the full refund along with interest but enough damages , litigation cost and compensation to compensate your time and harassment so far.

So do as advised above.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello,

There is the principle of caveat emptor in Indian law which means that you as a buyer has the duty to inspect the land.

However, since you have been cheated you can file a case of cheating and forgery.

Also, you may file a case at the civil court to claim compensation.

Additionally, you may approach the consumer forum for misleading you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can take criminal action agaisnt him by lodging a police complaint for cheating and fraudulent activity on this.

Besides, you may drag him to the consumer forum along with the land owner and seek the relief of refund of your invested amount and compensation for the mental agony cause due to this.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

1. Based on the available documentary evidences and court orders, File a Police FIR, against the owners of biswas enterprises and the Land Lord of the wet-land, for offences of Cheating, Misrepresentation, Intimidation, Fraud.... ALSO file written complaint with the local Police EOW for investigation. You can do this with other people who got cheated.

2. IF the Police refuse to take action, THEN file private Criminal complaint u/s 156(3) Cr.P.C., in the local magistrates court, and seek directions to the Police to investigate and file charge sheet.

3. ALSO file Civil case against the owners of biswas enterprises and the Land Lord, for recovering your money alongwith interest.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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