We purchased a land in Kolkata Rajarhat area and post registry at the time to mutation we come to know that land was already sold to Hidco. Broker given the searching report and showed us original deed and mutation copy of land. Even we checked locally and found was land is ok. Broker is agree to give us other land but this month or next month going on. Now we are thinking to take legal action against those fraud people and try to recover the amount. Could you please suggest how and what are the action need to be taken. We have orginal registry deed -where owner pic with sign and broker as a witness. Even couple of phone record as well. Payment done by cheque. Please help....
Asked 4 years ago in Property Law from Kolkata, West Bengal
1. This is a clear case of cheating. So without wasting time lodge a complaint with local police.
2. If Police acts nothing then move to court of Magistrate to get necessary direction on Police.
3. In complaint make allegations of cheating against both the seller and the broker who are arms in hand.
Thank a lot for your quick assistance.
what next post police complain ?We will get our money or some compensation amount only ? will they got punised by law ? Is it coming under which act ?
Sorry to ask you other details -as I'm very scared about my hard earning money :(
Asked 4 years ago
1. Te criminal case would create pressure upon them to return your money.
2. In addition to the criminal case you can file civil suit as well for recovery of your sale proceeds.
Do not worry.
1. This is a regular feature in buying land in Rajarhat area. Almost every week such type of cases come up,
2. File a police complaint of cheating and defrauding you against the seller and the broker immediately under copy to the S.P.,
3. Police also expectedly will do nothing for obvious reasons,
4. So, file an application before the Court u/s156(3) of Cr.P.C. praying for direction upon the police to investigate and act based on your complaint.
1. It seems that you did not carry out the due diligence test before purchasing the property. Had it been carried out, the fact that this property has already been sold to some one else would have come to light.
2. File a criminal case for cheating directly in court against the seller and broker as they have cheated you by selling the property which they were not authorised to sell.
3. In addition thereto, file a case for recovery of sale proceeds and also compensation for the harassment undergone.
file criminal complaint of cheating under section 420 IPC against the seller and broker
also file civil suit for recovery of your money against the seller