Why didn`t you filed criminal compliant, lawyer letter has no value. You should have complaint of cheating and criminal breach of trust.
A man attempted to sell me his flat using photocopies of property documents. As the papers appeared to be in order, I paid them 10% of the property value as advance and applied for a loan from a nationalized bank for the rest. Now when the bank people got to them to verify the original papers, they found the original papers missing. The loan process was scrapped thereafter. But later, when I asked for a refund of the advance amount paid, the sellers greeted me with a lawyers letter, accusing me of harassiing two elderly gentlemen of repute. It has been over one year the deal was scrapped. Can someone help me out of this situation?
Why didn`t you filed criminal compliant, lawyer letter has no value. You should have complaint of cheating and criminal breach of trust.
1) issue legal notice to seller to refund your money as deal was scrapped
2) if he fails to refund file suit to recover your money with interest
whether any agreement was executed during payment of 10% advance money?
what mode (online, cash, cheque,DD etc) was opted for making payment of 10% amount by you?
do you have the photocopies of property papers and application of loan applied by you?
pls provide above info to get me enabled to answer your query, however, from the facts stated you are advised to make a police complaint against the said person for causing cheating with you and you can also file suit for recovery.
take services of one prudent lawyer and get drafted one legal notice and send the same to the said person.
1) If you have signed any Agreement to Sale deed with the seller or given cheque against that 10% advance.
2) Do you have any proof that this contract took place ?
3) On that basis you can send legal notice to them under section 420 IPC and forgery.
Dear Sir,
Get issue a legal notice and also file a civil case for recovering the money and criminal case for cheating against that man.
Write a letter to the other party stating that he has failed to perform the essential part of the contract by not providing the original documents of the property and thereby causing a breach of contract. The said contract agreement is hereby cancelled. You ( he) are therefore legally liable to refund the advance money within 7 days. As a consequence of breach of contract on your part I have suffered irreperable loss and injury for which you are liable to compensate me for an amount of Rs. Xxxx by way of payment by cash or by cheque within 7 days. In default I shall be compelled take appropriate legal action both civil and criminal against you at your cost and risk without any further reference.
1. The seller seem to be a crook and they must have adopted the similar tactic before to cheat the gullible buyers like you.
2. So do not waste time anymore which you have already done for reasons best known to you.
3. First file a case of cheating so a FIR is registered against them.
4. the file a civil suit to recover the money with interest and damages. Do not sit idle and send them requests as the same would fall on deaf hears. Act as advised above to get back your money.
File a police complaint for cheating and breach of trust with the police station accusing the person has cheated you give the proof of payment to police that you have made.
1. You should have conducted the property search and verified the original deed and mother deed before making payment to the seller.
2. It appears that you have been duped by the seller in a planned way.
3.You shall have to lodghe a police complaint against the seller for cheating you and in case the police refuses to register FIR againstb the seller, you shall have to file a Wrtit Petition against police inaction praying for a direction upon police to register FIR, investigate and act based on your said complaint.
4. Once theb FIR is registered, the case will be between the State and the seller you bewing the complainant.
5. Thereafter you also should file a Money Suit against the seller claiming refund of the amount paid by you with interest, damage and cost.
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My dear sir! Your stupidity can only invite guffaws and not help. Nobody pays advance to buy property based only on photocopy of documents!! Hence the laughs.
1. Before paying advance you ought to have conducted a title search in the office of sub-registrar/society to ascertain if the title is free and marketable.
2. Now more than year has expired from the date on which deal was scrapped. So if you want to stand any chance of recovering your money then immediately serve a lawyer's notice to this man and then file a suit for recovery of money.
3. A FIR for cheating and criminal breach of trust is also made out under Sections 420/406 IPC.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.