Based on the facts stated, you appear to have both civil and criminal remedies. If you were induced to part with ₹1,00,000 on the representation that it was an advance towards the purchase of land, but the amount was paid to a person who was neither the owner nor authorised to receive it, and the money has not been refunded despite your withdrawal from the transaction, the matter may disclose offences of cheating, criminal breach of trust (depending on the facts), and criminal conspiracy under the Bharatiya Nyaya Sanhita, 2023 (BNS).
The first step is to issue a legal notice to all the persons involved—Rajiv Kumar (broker), Rishi Kumar (recipient of the money), and, if the facts indicate his involvement, Diwakar—calling upon them to refund the amount within a specified period. If the actual owner, Satya, was aware of or participated in the alleged misrepresentation, he should also be impleaded. However, if Satya had no knowledge of the transaction and did not receive any money, he need not be made an accused merely because he is the owner of the property.
If the amount is not refunded, you should lodge a written complaint with the Superintendent of Police and the jurisdictional Police Station at Gaya, Bihar, seeking registration of an FIR. If the police fail to act, you may file an application before the Jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking directions for registration of an FIR and investigation.
Independently of the criminal proceedings, you may also institute a civil suit for recovery of ₹1,00,000 with interest and costs against the persons who received the money and those who are found to have acted in concert.
Since you are residing in Denmark, you can appoint a Special Power of Attorney (SPA) in favour of a trusted person or an advocate in India to issue the legal notice, lodge complaints, and represent you before the authorities and courts. Your physical presence in India is generally not required at the initial stages.
Before initiating proceedings, preserve all evidence, including:
- The agreement to sell.
- Bank transfer/UPI/payment receipts showing the transfer of ₹1,00,000.
- WhatsApp chats, emails, call recordings (if legally obtained), and other communications.
- Details of the broker and witnesses.
- Any proof showing that the payment was made on their representation.
A well-drafted legal notice often results in settlement where the opposite parties realise that criminal and civil proceedings are imminent. If they still fail to refund the money, the evidence you have described appears sufficient to pursue both criminal action and a recovery suit.