• 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 2 months ago in Property Law
Religion: Hindu

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15 Answers

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.

Puneet Srivastava
Advocate, New Delhi
105 Answers

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.

Puneet Srivastava
Advocate, New Delhi
105 Answers

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.

 

Swarupananda Neogi
Advocate, Kolkata
3009 Answers
6 Consultations

Sir, I'm afraid I can't disclose these details on this platform. You can book your online appointment and we can discuss further

Puneet Srivastava
Advocate, New Delhi
105 Answers

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.

T Kalaiselvan
Advocate, Vellore
91137 Answers
2525 Consultations

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.

T Kalaiselvan
Advocate, Vellore
91137 Answers
2525 Consultations

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.

T Kalaiselvan
Advocate, Vellore
91137 Answers
2525 Consultations

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 

Ajay Sethi
Advocate, Mumbai
100929 Answers
8242 Consultations

you cna file police complaint of cheating against broker and Rishi kumar 

Ajay Sethi
Advocate, Mumbai
100929 Answers
8242 Consultations

you can enagge any lawyer on this forum for drfating complaint 

Ajay Sethi
Advocate, Mumbai
100929 Answers
8242 Consultations

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

Saurabh Agrawal
Advocate, Greater Noida
270 Answers

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

Anik Miu
Advocate, Bangalore
11491 Answers
127 Consultations

Dear Sir/Madam, 

it is suggested that you are suggested to send a legal notice through your advocate to the Actual Seller Satya, Broker Rajiv Kumar, Diwakar and Rishi Kumar stating all the facts and with specific mention that agreement to sale of land was paid and INR 1,00,000/- was paid in December. State clearly in noitice that thereafter you have been chasing to purchase/regisration of said land and giving further amount, but they are not coming forward. In these, circumstances, ask them for registration of land within next 15 days/30 days and take further payments. If the notice is replied wrongly, or not replied in the timeline given therein, you are suggested to file police complaint for registration of FIR against all above 4 persons for misleading, cheating, criminal breach of trust with common intentions.   

Ganesh Singh
Advocate, New Delhi
7355 Answers
16 Consultations

This is a case of fraud you can initiate both civil and criminal remedies against them

Prashant Nayak
Advocate, Mumbai
35307 Answers
257 Consultations

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.

Yuganshu Sharma
Advocate, Delhi
1614 Answers
5 Consultations

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