Sir, your remedy lies with Economic Offences Wing (EOW). You need to file a complaint immediately with the of the concerned jurisdiction where the accused persons reside or where the transaction has taken place, which will be converted into an FIR and the accused persons will be prosecuted for that. It's the most speedy process if you want to recover your money from them. EOW is a special branch of police that deal with the type of offences, which you are a victim of.
Regarding refund of agreement money
I believe I have been scammed by three individuals. Rajiv approached me, claiming to be a real estate broker, through a mutual acquaintance, Diwakar, for the purpose of purchasing land. Based on their representation, I proceeded to sign an agreement in which Rajiv Kumar was listed as the broker, and Diwakar and Rishi Kumar were listed as witnesses. I was then persuaded to transfer an advance payment of INR 1,00,000. However, the payment was made to Rishi Kumar instead of the actual seller, whose name is Satya. This payment was made in December. After some time, I became suspicious of the transaction and decided to withdraw from the agreement, suspecting it to be fraudulent. Since then, despite repeated attempts, I have not received a refund of the amount paid. I would like to understand my legal position in this matter and the possible steps I can take to recover my money.
Asked 1 day ago in Property Law
Religion: Hindu
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12 Answers
Hi, this has been taken place in Gaya Bihar. so could me guide whole process plz. do i need to accused persons for all ?
Asked 1 day ago
It would be better if you hire legal services of an advocate of your choosing in order to draft a complaint for you and help you throughout the process.
Hi Puneet, just wondering if u can draft a complaint and how much u will charge.
Asked 1 day ago
Hello,
Hire a lawyer local with the help of your relatives who will known to them. Give POA to the relative and file an FIR immediately.
Hope this helps.
Sir, I'm afraid I can't disclose these details on this platform. You can book your online appointment and we can discuss further
Have you lodged a complaint against the person who received the money with the local police?
Have you issued a legal demand notice demanding return of your money?
If not you may do both the things simultaneously and after a week's time you can file a suit for recovery of money on the basis of evidence in your possession to prove the payment of money to him.
You can consult an advocate of your choice and proceed as suggested.
You have to narrate the background details in this regard in your police complaint as well as in the legal notice though you may have to initiate legal action against the person who received your money.
If you want to take the assistance of a chosen advocate you may contact the advocate directly through the contact details available in this website on the terms of chosen advocate, instead of giving a general call in this public forum.
1) do you have copy of agreement signed by you
2) it is necessary to peruse agrement signed by you
3) further payment has to be made to seller and not to witness as done by you
4) cpontact the broker and request him to ask witness Rishi to refund your money as payment was not made to seller
5) issue legal notice to Rishi and broker for refund of your money
you cna file police complaint of cheating against broker and Rishi kumar
you can enagge any lawyer on this forum for drfating complaint
Dear Sir/Madam,
You may file a written police complaint in Gaya for cheating and criminal breach of trust, as the advance was allegedly obtained through false representations and paid to a person other than the seller.
Mention Rajiv, Diwakar and Rishi in the complaint, but clearly describe each person’s specific role instead of making identical allegations against everyone. Attach the agreement, bank-transfer proof, messages and witnesses’ details.
Also send a legal notice demanding refund of ₹1,00,000 and, if unpaid, file a civil recovery case. Consult a local advocate in Gaya with all documents for drafting the complaint and notice.
Advocate Saurabh Agrawal
Dear Client, You have strong legal grounds to take action as transferring an advance payment to someone other than the actual landowner under the guise of broker or witness points towards a calculated fraudulent intention Regarding whether you need to accuse all of them yes, you should include all three individuals that is Rajiv Divakar and Rishi Kumar in your complaint even though the money went directly to Rishi Kumar Rajiv orchestrated the deal as the fake broker and Divakar acted as the mutual reference and witness who lend credibility to the scam making them active Co conspirators in the fraudulent transaction.
To begin the process in Gaya Bihar your first step is to file a formal for criminal complaint at a police station for cyber crime cell if Digital UPI channels were heavily involved attaching copies of the signed agreement bank statements showing the rupees 1,00,000 transfer to Rishi Kumar and records of your communication if the local police station hesitates or refuses to register a formal first Information report you can escalate the matter by sending the written complaint via register post to the Superintendent of Police of Gaya Alternatively your lawyer can file a direct criminal complaint application before the local judicial magistrate under Section 175 of the Bhartiya Nagarik Suraksha Sahita to legally compel a police investigation and court monitored recovery. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou
