• Financial fraud as promised flat not delivered

A group of people formed a welfare society in year 2016 in a aim to build flats. 
-They bought some land for building socity and shared mutation papers. They took land cost from us and gave recipt for flats (2bhk, 3bhk etc)
-No flats build till 2021 infact zero progress
-Form 2020 onwards, we have been sending mails about withdrawl but no reply from society
-Requested to be shown registry papers but again no response from society

Finally towards end of 2021, we filed FIR against society management committe under sec 420 , 406 etc. 
Police has now concluded their investigation and filing a closure report with a comment that this is a civil dispute.
Now no one of us wants to go with Protest petition as we don't have time and money. 
 
Society has now started threatening that it will file a case under sec 211 (False FIR) and criminal defamation (sec 500).
Can court really accept above complaint from society. It was 10 of us who filed this FIR. Anything for us to fear?

-Is there a case for False FIR here? Will magistrate accept it?
-Can they handpick 2-3 complainants and file False FIR against just them rather than all 10?
-One of the statements we made in FIR was that "Management committee members have duped people of their heard earned money". Can it amount to defamation?
Asked 11 months ago in Criminal Law
Religion: Hindu

5 answers received in 2 hours.

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21 Answers

You people should work strategically. You people should authorise a person to deal on behalf of all persons of group. The report of police that the matter involved is of civil dispute is incorrect. Your case is of cheating and forgery etc and there are several incidents of such fraud and cheatings by various renowned builders. You should file protest petition against the police report. Mere filing of FIR does not amount to defamation unless other conditions are not full filled. In your case no case of section 211 is made out on various grounds. 

1. No, it is not a case of false FIR. Court has to proceed in terms of law. Case is required to be contested properly.

2. It depends upon wisdom of society. 

3. No case of defamation is made out. Mere filing of FIR does not amount to defamation unless other conditions are fulfilled. 

Siddharth Srivastava
Advocate, Delhi
1240 Answers

5.0 on 5.0

If the case has merits it can’t be said to be false only because it’s not proved in court

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

No need to fear 

 

2) it is not only a civil dispute but case of cheating ,criminal breach of trust is maintainable against society and its office bearers 

 

3) it is not defamation 

 

4) truth is best defence in defamation cases 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

comment that this is a civil dispute - Police is managed. Investigation officer liable to be prosecuted for filing illegal report. 
File protest petition in court.

No case of defamation. Its a claer case of cheating and criminal breach of trust.

FIR should be in the name of every individual included in the scam.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

For establishing a criminal offence, there should be prima facie evidence. As complainants you should have proof to show criminal conspiracy and criminal intent to defraud. If you wish to pursue the police complaint, collect evidence first. You may lodge a written complaint with the State RERA authority. Also, you may agitate the matter before the consumer forum against the office-bearers of the society. Please engage a competent lawyer and go by his guidance. You need not be afraid of their empty threats.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

Filing protest petition is your choice, it does not costs much and you Advocate will take care of it. This is clear case of cheating, though police decided to close the case.

  1. Section 211 is not attracted as there are valid grounds for filing FIR and the accused did made unlawful gain causing unlawful loss to complainant. No case under Section 211 can be made out against you.
  2. Complainant can file complaint only against some persons.
  3. "Management committee members have duped people of their heard earned money" is a matter of fact statement.
  4. If at they choose to file complaint, they will be in bigger trouble as they have to establish that your FIR is false, which they cannot. It is empty threat.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

 

The threat by the society to initiate actions against all of you under section 211 cr.p.c. and 500 ipc are nothing but to pressure on you people so that you can keep away from your claims for the flats.

Do not get deterred by such pressure tactics.

Both the actions are not maintainable because there are no ingredients to invoke the said provisions of law.

If the police is filing closure report, one of you can file a protest petition and seek for re-investigation by a different police officer since this report is untrustworthy 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

When was application made to DDA for approval ?

 

2) why was application rejected ?

 

3) if approval was not given did society communicate reasons for failure ?

 

4) money should have been refunded if plans were not sanctioned 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

The petition under section 211 cr.p.c is not maintainable neither a defamation case is maintainable. 

Whatever,  this will not prevent you from filing protest petition. 

You may discuss with your local advocate and proceed as suggested 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

Yes that illegal. You can also trry misappropriation of funds against them

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Agreement between society and home buyer is required to be examined. It is to be seen as to why permission was not obtained and it is whose fault. It is reiterated that protest petition be filed against police report. In case if case would be closed then other legal complications shall arise. So go strategically and prudently. 

Siddharth Srivastava
Advocate, Delhi
1240 Answers

5.0 on 5.0

The golden rule "Buyer beware!" applies in your case too. At the time of investing your money as a prudent person one should have made thorough enquiries about the project including obtaining of the necessary approvals. The society may aver that they had every good intention of developing the project and were confident of obtaining the requires approvals at that time, and had no intention to defraud the investors.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

Whether approval or not, none of police issue. Clear case of cheating.

File protest petition.

No application of sec 211

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

No complications.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Yes you can do the aforesaid criminal and civil remedies in the above case

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

The affected party can pursue the matter through court either by filing a petition under section 156(3)CR p.c or under section 200 Cr.p.c, besides filing a protest petition against closure report by police 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

They ought to have refunded money if they could not get permission 

 

on basis of letter from DDA criminal case can be filed against society and it’s office bearers for criminal breach of trust 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Legal complications can only be anticipated but for anticipating the complications, the details like agreements, FIR etc are required to be examined. You may book consultation to discuss in detail.

Siddharth Srivastava
Advocate, Delhi
1240 Answers

5.0 on 5.0

First ascertain whether the society had applied for DDA approval in the first place. Even if they had not, it only means an act of omission and not an intention to defraud, they may argue. If they had, find out why DDA's approval did not come. Again, as advised earlier, if you allege a crime the burden of proof shall lie squarely on you. What is the basis for your alleging, "We have a letter from DDA that says society has illegaly collected money to build flats"?


Please be guided by my earlier advice.


Please be guided by my earlier advice.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

Dear client  false FIR: If the police have conducted an investigation and concluded that there are no financial irregularities or criminal offenses committed by the society management committee, it may be difficult for them to prove that the FIR was false. However, the final decision rests with the magistrate. If you believe that the FIR was filed in good faith and there was a reasonable basis for your complaint, you can present your case to the court.

 

Selective targeting: It's possible for the society to file a complaint against specific individuals rather than all ten complainants, but this would depend on the evidence and circumstances of the case. The court will assess the validity of the complaint based on the evidence and arguments presented.

Defamation: The statement you mentioned in the FIR, claiming that the management committee members have duped people of their hard-earned money, may be considered defamatory if it harms their reputation. Defamation cases require proving that the statement was false and caused harm to the reputation of the individuals involved. If the statement is found to be false and made with the intent to harm their reputation, they may pursue a defamation case against you. It would be best to consult with a lawyer who specializes in defamation cases to understand the specific legal implications in your jurisdiction.

Regarding the society's collection of money and selling unauthorized flats, it may be necessary to consult with a lawyer who specializes in real estate and property laws. They can provide you with the best advice on whether the society's actions constitute a crime or a civil dispute.

 

Anik Miu
Advocate, Bangalore
8853 Answers
110 Consultations

4.7 on 5.0

- Since the police is going to file closure report , then you can challenge the same after filing a protest petition before the same court.

- It is clear that the police are in collusion of said society is filing the closure report , when there is criminal offence has committed by the society 

- The society cannot file any case for defamation on the ground of false FIR , hence the magistrate cannot accept such cases

- No need of worry , and you all can approach the high court on closing the FIR by the magistrate .

- If the management has not refund the taken amount , then this amounts to cheating and breach of trust , and hence they cannot take any legal action against you all. 

- Further, the DDA also given the report in your favor , hence the FIR cannot be closed by the magistrate on the said report of the police. 

- You can submit this DDA report before the magistrate . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

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