During Feb 2008, Mr Srinivas Chowdhury & Sri.Hanumantharaya KM (joint Property Developers) have cheated me (along with 40 more buyers), absconding with the advance money (about 3.50 Lakhs) paid for the purpose of residential sites they offered to sell. After I lodged a Police Complaint individually in crime No 354 of 2010 in Jayanagar police station, as well as jointly along with other buyers, The main accused Chaudhary (80% share) was once arrested and charge sheeted for his default by the Jayanagar Police (FTC14 - Criminal Misc. No 4740/2009) , and eventually bailed out in court. Thereafter he remained absconding / untraced., changing his residences across Bangalore / Hyderabad. I approached an advocate for legal help and he issued legal notice (Rs 10000/- for two of my cases) as initial process to initiate legal process. But, as the accused gone missing and has shifted his residence / office, it did not serve any purpose. Post Jul 2011, the Police started notifying all complainants to deposit original papers (Agreement, Payment Receipts and Bank Transaction Statements) with the Police Station Jayanagar. I deposited the documents with Police in Nov 2012. A case was filed (CC24802/12 ) in II Additional Chief Metropolitan Magistrate (ACMM-II) Court for my complaint FIR 354/10 on 13 Dec 2012. Subsequently, another case CC14308/13 for the joint complaint and few more for the individual complaints were also filed in (ACMM-II) Court With these charges the court proceedings I attended from 12 Feb 2016 is summarized below. Chaudhary and other accused attended first three hearings and kept asking 2-3 months’ time to arrange money, and the Judge kept stressed upon him to return every one's dues. Chaudhry gone missing after 25 Apr 2016 and thereafter only Hanumantharaya kept attending the meeting. His Advocate Uday indicated no help as the 2-3 acre land Chaudhary acquired is attached to court and he is unable to sell and sum up funds. Chaudhary remained absent for all hearing until 27 Aug 2019, when he self-appeared in court. His advocate advanced bail application. As judge was not present, reader shifted the hearing to Annex Complex at 3 PM. Meanwhile Jayanagar Police arrested Chaudhary & taken him to Jayanagar Police custody at 1PM. At 3 PM Chaudhary's advocate got him bail. On 23 Sep 2019 Judge was not present. Chaudhary's advocate got possession & updated the case file. It appeared that Chaudhary is in the process of getting his land released. PPO explained that the settlement part is out of court proceeding & Chaudhary is agreeing to settle the dues. Every one appeared to be working in favor of Chaudhary while all complainants' appeared clueless the way court proceeding going on. Reader announced next date 16 Nov. The PPO suggesting that civil court might not help much as she is trying to get buyers their dues, at least the principal amount. Please advise best course of actions
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You should have filed the money recovery suit in the civil court simultaneously while the criminal case was going on.
In the civil suit, his property could have been attached even if he was absconding.
If it is not barred by limitation, you may better file a money recovery suit at least now.
Discuss with your advocate and take a proper decision without further delay.
Dear Sir,
If court is not favoring your and interested in speed justice then you may lodge complaint with Vigilance Registrar or High Court or file WP for early disposal or time bound disposal. Such conducts and delays of lower courts to be brought to the notice of High Court Chief justice also.
- Since, the Court is taking much time to proceed the case to its final conclusion , then you should file a petition before the High Court , for seeking direction to the trial court for expediting/speed up the case, or for a time bound disposal.
- Further, you can also file a Recovery suit as well , for the recovery of the amount , cheated by the Developer.
- If , they will not appeared before the court in your case, then , Court will pass an Ex-Parte decree in your favour , and further you will get your decreetal amount after selling their assests etc.
- In a criminal case , it will take long time for the evidence and punishment of the culprits.
Litigation is long drawn and expensive proposition
2) amicable settlement is best option
3) even if you get your principal amount accept the offer
You can try Additionally at consumer court along with the criminal proceedings
you can file recovery of money suit along with Interest.
The best course of action is to file a caveat that if any case is filed for vacation of stay from land of chaudhary then you will get notice for that petition as you all complaints are necessary parties of the suit.
You can also make application for cancellation of bail of chaudhary on ground that he was absconding from last three years and he can also abscond in future if bail is not cancelled.
You have not filled any civil case against the builders. File case in civil court. Now in RERA. You will get refund order and compensation order by the court within a short time.
Criminal court is to give punishment for any offence not to settle any dispute.
Offender should be published. Follow the criminal proceedings so that the offenders are not acquitted without being punished.
Criminal case is the fastest in all proceedings. Can file civil suit too, when they will not apper, ex parte order will pass and than attachment of proprieties.
Or why don`t submit for insolvency before NCLT.
