• Fraud in plot/land booking and no refund

I booked a plot (agriculture land) in Pune and builder asked for token amount of 1 lakh, after few months he asked to deposit remaining amount soon before registry. He said registry will be done when he will receive full payment, so i gave him total 34 lakhs. I asked for agreement paper or MOU but he delayed for that as well and no agreement letter or MOU is given by him. Later on he said registry was postponed and will be done next month, and like this he delayed upto 3-4 months. Later on i came to know the plot which i booked, registry is already done for that plot and now he is delaying and giving sill excuses for refund and not replying to me. Please suggest what legal actions i can do and also suggest some good criminal layer who can help me on this matter.
Asked 2 months ago in Criminal Law from Pune, Maharashtra
Religion: Hindu

Sir/Madam,

It is suggested that you serve the builder a legal notice to return the money within 15 days for registration of plot, else return of money within 15 days. If the same is not done by builder, file the case for specific performance on District Court of your area as well as the FIR under section 409/420 IPC and various other applicable sections. 

Ganesh Singh
Advocate, NEW DELHI
4463 Answers
9 Consultations

4.5 on 5.0

what was the mode of payment?

if you have proof of making payment file a criminal complaint against him for cheating, misappropriation of funds, etc

Suneel Moudgil
Advocate, Haryana
2076 Answers
3 Consultations

4.7 on 5.0

Issue legal notice to builder to execute registered sale deed within period of 15 days of receipt of notice as full payment has been made by you 

 

2) in alternative to refund your money with interest 

 

3) if builder fails to do so file police complaint of cheating ,  criminal breach of trust against builder 

 

4) also file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest .also claim compensation for mental torture undergone by you and litigation costs 

Ajay Sethi
Advocate, Mumbai
74619 Answers
4462 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

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.

3. You have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

Hemant Agarwal
Advocate, Mumbai
4366 Answers
23 Consultations

5.0 on 5.0

You can file criminal case against him and initially kindly send a legal notice

Ganesh Kadam
Advocate, Pune
9719 Answers
80 Consultations

4.9 on 5.0

With fail file FIR for cheating and criminal breach of trust. You can directly go to police station and register your FIR.

Lawyer will require if police do not register your FIR. Than file court complaint. 

Make sure police must register the FIR and not just record the complaint. 

Yogendra Singh Rajawat
Advocate, Jaipur
18583 Answers
22 Consultations

4.6 on 5.0

File a complaint before the police and Register a FIR with police for breach of trust and cheating. In case police fails to take complaint file a private complaint with the magistrate.

Also suit for recovery of the amount can be filed.

 

Shubham Jhajharia
Advocate, Ahmedabad
24355 Answers
96 Consultations

5.0 on 5.0

Dear Sir,

In further advice to aforesaid, it is intimated that you have strong proof and you are suggested to proceed as suggested. 

Ganesh Singh
Advocate, NEW DELHI
4463 Answers
9 Consultations

4.5 on 5.0

Thanks for your appreciation 

Ajay Sethi
Advocate, Mumbai
74619 Answers
4462 Consultations

5.0 on 5.0

Please collect all the proofs you have. Make a chronological statement. Then approach the police station. 

Lodge a FIR with the local police station for cheating and criminal breach of trust.

 

You can also lodge a complaint in the consumer forum.

 

And file a money recovery suit to claim your amount.

In order to initiate this process you will have to start with a legal notice claiming your amount, the interest, compensation for harrassment and mental torture.

 

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

4.8 on 5.0

Great, you have a good case

Suneel Moudgil
Advocate, Haryana
2076 Answers
3 Consultations

4.7 on 5.0

You can issue legal notice to other party and can ask for refund if he fails you can initiate the action.

Shubham Jhajharia
Advocate, Ahmedabad
24355 Answers
96 Consultations

5.0 on 5.0

You can take following steps:

1. Lodge  criminal complaint in ther local police station for the offences of cheating, breach of trust and various other charges and follow it up scrupulously;

2. Issue a legal demand notice to him by  a registered post intimating that the so called oral booking has been cancelled because he delayed the the registration inordinately and also for having not entered into the sale agreement also till date and demand return of your booking amount with interest;

3. You may file a money recovery suit on the basis of the evidences in your possession and also the legal demand notice sent to him in a civil court despite the fact that you have given a criminal complaint for fraud, cheating, breach of trust etc., against him.

Immediately consult a local advocate and initiate proper legal action without delay. 

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

The payment details in the form of bank statement may be secured and produce it before police as well as before the civil court where the money recovery suit is to be filed.

 

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

Issue notice to the builder calling him to get the sale deed executed giving him week days time to do so, failing which you can file case in court of law.

Further, you have other options against the builder i.e., you can file criminal cases viz., under cheating, criminal breach of trust etc., and that, you can also file case before consumer forum seeking direction against the builder for refund with interest, damages for the torture you undergone and costs of the litigation.

Preserve all the proofs in original, bank statement of relevant payments made by you.

You have got a good case.

S Srinivasa Prasad
Advocate, Hyderabad
1946 Answers
7 Consultations

5.0 on 5.0

Then you have good evidence against builder.

Ganesh Kadam
Advocate, Pune
9719 Answers
80 Consultations

4.9 on 5.0

You can file consumer complaint or rera complaint or NCLT petition and simultaneously file FIR for cheating at police station

Prashant Nayak
Advocate, Mumbai
18703 Answers
34 Consultations

4.6 on 5.0

1. You should lodge FIR against that builder immediately if you want refund of your money as it is a clear case of forgery and fraud against you.

2. How can you take silly decision of paying money without any agreement or MoU now if you don't want to lodge FIR immediately then send him a legal demand notice for refund of your money.

3. You can also file recovery suit against him for recovery of money paid to him. 

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

This is my response to you:

1. First send a legal notice;

2. Secondly, then you can also file an FIR against him;

3. If the police do not help, then you can file a suit in the civil court;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1917 Answers
3 Consultations

5.0 on 5.0

Hi

File a police complaint against him for 420 406 IPC.

He will get it done.

Thanks 

Rahul Jatain
Advocate, Rohtak
2474 Answers
4 Consultations

4.9 on 5.0

you can file complaint u/s [deleted] and builder. 

you can also file Recovery of money suit along with interest. 

you can file complaint before district consumer court  and claim refund along with interest and compensation. 

Mohammed Mujeeb
Advocate, Hyderabad
15612 Answers
7 Consultations

4.5 on 5.0

You may contact a lawyer in the local who practices in service law for further advises and suggestions to move on.

Mohammed Mujeeb
Advocate, Hyderabad
15612 Answers
7 Consultations

4.5 on 5.0

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