The legal remedies availaible to you are:-
1. File an FIR under section 420 IPC against those fraudsters.
2. File a civil suit for recovery of money against them.
Breach of trust on land buy
My relative bought a land in Aizawl,Mizoram and they have been cheated by broker and land owner , they took money from my relatives through banking App and when my relatives go through the Government officials to take oroginal papers of land then Government officials clearly said NO to give original papers of land and tell them that this land is of MNF party it can't be sell or buy My relatives are in so much trouble please guide us to get back our money from those fraud brokers.
Asked 1 year ago in Criminal Law
Religion: Christian
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8 Answers
Lodge a complaint with local Police alleging cheating .
File police complaint of cheating against broker and seller
2) also file suit to recover your money with interest
Let your relatives who lost money and cheated by the broker and landowner for selling the disputed land to them have to lodge a Police complaint against the cheats in the jurisdictional Police Station to resolve the issue.
- Since, said property already registered in your relative name , then none having right to claim that property
- However, as the govt record is showing that said property is non-saleable then your relative can lodge an FIR against that broker and landowner for the offence of cheating and breach of trust.
- If no positive response, then your relative can file a compliant before the judicial magistrate under section 200 read with section 156(3) against them.
Your relative can lodge a criminal complaint against the fraudster with the local police for fraud, cheating and breach of trust activities.
He can simultaneously file a money recovery suit also besides the criminal complaint.
Dear Client, I'm sorry to hear about the difficulties your relatives are facing. Here’s a guide on how to proceed legally to recover the money, including relevant sections of the law:
Steps to Take:
1. Gather Evidence:
- Collect all documentation related to the transaction, including bank transaction records, communication with the broker and landowner, and any agreements or receipts.
2. File a Police Complaint:
- Cheating (Section 420 of the IPC): File a complaint under Section 420 of the Indian Penal Code, which deals with cheating and dishonestly inducing delivery of property.
- Criminal Breach of Trust (Section 406 of the IPC): If there was a trust relationship and they misused the funds, you can also file under Section 406 for criminal breach of trust.
3. Approach the Consumer Court:
- If the transaction was considered a commercial activity, you might also file a complaint in the Consumer Court under the Consumer Protection Act, 2019. This would be relevant if the broker provided a service.
4. Civil Suit for recovery:
- Specific Relief Act, 1963: File a civil suit under the Specific Relief Act for recovery of the amount paid. This act allows you to seek specific performance or cancellation of the fraudulent transaction and recovery of the money.
- Indian Contract Act, 1872: Use provisions of the Indian Contract Act if there was a breach of contract. Sections 17 (Fraud) and 18 (Misrepresentation) could be particularly relevant.
5. Notify Government Officials:
- Inform Authorities: Submit a written complaint to the government officials who clarified that the land belonged to the MNF party. Their acknowledgment might support your case.
- RTI (Right to Information Act, 2005): File an RTI to get official documentation and responses about the land status and any records related to the transaction.
Legal Process:
1. Drafting the Complaint:
- Work with a lawyer to draft a detailed complaint that includes all the evidence and relevant sections of the law. The complaint should narrate the sequence of events, the amount of money involved, and the fraud committed.
2. Filing the Complaint:
- Police Station: File the complaint at the local police station where the transaction occurred.
- Consumer Court: If filing in a consumer court, submit the necessary documents and fees along with the complaint.
- Civil Court: For a civil suit, file the case in the appropriate civil court with jurisdiction over the matter.
3. Legal Proceedings:
Criminal Case: The police will investigate the matter, and if they find sufficient evidence, they will file a charge sheet. The case will then proceed to trial.
Consumer Court: The court will review the complaint and might call for mediation or issue a notice to the opposite party.
Civil Court: The court will issue a summons to the broker and landowner to appear and respond to the suit.
4. Court Decision:
- Based on the evidence and arguments presented, the court will decide on the recovery of the money and any damages that might be awarded.
Summary of Relevant Sections:
Indian Penal Code (IPC):
Section 420: Cheating and dishonestly inducing delivery of property.
Section 406: Criminal breach of trust.
Section 415: Definition of Cheating.
Specific Relief Act, 1963:
Section 10: Specific performance of contracts.
Section 31: Cancellation of Instruments.
Indian Contract Act, 1872:
Section 17: Fraud.
Section 18: Misrepresentation.
Consumer Protection Act, 2019: Relevant for disputes involving service providers (e.g., the broker).
Right to Information Act, 2005: For obtaining official information about the land and related transactions.
By following these steps and leveraging the relevant sections of the law, your relatives can take appropriate legal action to recover their money and address the fraud committed against them. Consulting with a qualified lawyer is crucial to ensuring that the case is handled effectively and efficiently.
He can file cheating complaint as well as civil suit for recovery of money
