file police complaint against broker for criminal intimidation , extortion under section 384 , 506 of IPC
2) rely upon messages exchanged with broker
Real estate broker is harassing me
I have posted (my house property) for sale in the MagicBricks. Com.one broker had seen the advertisement and brought a customer, Initially I don't know that he's a broker,,slowly I got to know..I never approached him to sell my property. And I had not given any signed receipts. My property has been sold recently, from that time on, hes calling me and demanding for the money and harassing me. Just for courtesy, I had given him 10000rs .Hes demanding for 50k.. So I'm not answering his calls, so he posted a message, saying that (i'm a RERA agent, I'm filing case against you,for not answering my calls.i have ur phone records etc..)hes blackmailing me. What to do now.?I'm from scheduled caste from Hyderabad. I want to teach him a good lesson. Please help me in this issue.
Asked 2 years ago in Consumer Law
10 Answers
Hi, There is no need to pay any amount and you are not liable to pay any amount. If you continue to harass you then lodge a police complainant.
Ask him to furnish his registration number, after that file a complaint against him with Real Estate (Regulation and Development) Act, 2016 Authority, at Masab Tank, Hyderabad. What he is doing amount to extortion under Section 483 of Indian Penal Code, 1860, record his calls and warn him of criminal complaint for extortion. He has no right to demand 50K from you.
Dear Sir / Ma'am,
As per the situation that you have stated the best would be immediately approach your local police station and file a complaint regarding the issue. Further as you have stated that your property have been sold without your consent you can also file a suit against the real estate broker.
Thank You.
Hello,
- If you have not approached him for his services, you are not liable to pay him the brokerage as you had advertised through an agency.
- If he continues to harass you, you must lodge a police complaint about threat, intimidation and harassment, providing all information and seek action against him.
- And no RERA agent can file any case against you. Send him a legal notice demanding to stop harassment or face consequences.
Hey,
What is the reason to give Rs. 10,000 to him? Had you taken any prior advance from him for any other interested buyer? If the answer to both my questions above is no then you can go ahead and file a case of criminal intimidation and extortion against that agent in the police station of your vicinity. Other than that you can also make a complaint to the RERA with regards to the agent involving in criminal activities and they will take cognizance.
You can file a complaint for harrasment against him with police
RERA is not functioning through agents, it is a governmental organisation.
If he is troubling or torturing you constantly you may either issue a legal notice warning him against indulging in such nefarious activities and instruct him to refrain from indulging in such illegal extortion activities failing which you can give a police complaint and take proper legal action for his such activities.
- Since there is not agreement between you and that broker for selling the said property and pay the commission , hence you are not bound to pay any amount to him legally .
- Further , an official of RERA cannot approach you for the same , and there is no provision under RERA to appoint an agent for doing a public transaction with the consumer.
- Hence, it is clear that he is trying to blackmail you in the garb of commission on the false grounds.
- You can file a compliant against him for the offence of blackmailing , cheating and threatening
- Further after lodging your compliant sent him a copy of the same .
- Further, being from SC community , you can also lodge an FIR against him as well.
File a police complaint
Also tell that agent that if his claim is lawful then nothing stops him from filing a case against you and that you will vehemently defend such suit and seek exemplary costs from him for filing frivolous litigation
The matter however worsens as you have made him a payment. If he was not at all involved in the transaction then there was no need at all to pay him anything in the first place. However now that cannot be reversed
