Crime of cheating - role of police
Background: A builder has cheated me for Rs. 20 Lacs. I want him to face criminal charges.
Here is the story: I purchased a pre-construction flat in Uttarakhand from the builder, and paid 95% at the time of booking the flat entirely by cheque in 2010. Possession was promised in June 2012, which has been delayed. Remaining 5% was payable on possession. Four years later, In 2014, the builder advised me that flat was going to be completed and would be handed over soon, and I was asked to pay remaining 5% along with service tax, and also for other amenities such as Club Membership, Electric Meter installation, Gas pipe connection charges etc. I live abroad and so I could not physically verify status of completion of the flat. I asked my brother in Mumbai to execute sale deed on my behalf under a Power of Attorney. Just a few days before the scheduled registration of the sale deed, the builder informed me by email that delivery of the flat was somewhat delayed and would be handed in next 3 months. Trusting the builder, I paid all the money and got sale deed registered.
The builder kept putting off handing over possession of the flat and still has not handed it to me. I asked my brother to visit the site and find out what was happening. He informed me that work on site had been stopped long time ago, the building seemed to have been abandoned the project. No construction activity was going on at the site. There was not a single construction worker at the site. The flat did not have any doors, windows, or even flooring. It was just four walls. He took pictures with his phone and sent to me.
It seemed that builder took advantage of my living abroad and my inability to physically verify construction status of the flat, and has cheated me by getting all the money through misrepresentations and transferring to me the flat, which is practically non-existent.
I reported the matter by email to top authorities of the Uttarakhand police, who conducted an investigation and found that my allegations were true, and provided the report to me. The police have not taken any further action against the builder. I am filing a case in Uttarakhand State Consumer Redressal Forum to recover my money. But I want the builder to be punished for criminal acts.
Question: What legal options do I have to get the police act and register a case of cheating against the builder and get him punished for acts of misrepresentation and cheating?
Asked 8 years ago in Criminal Law
Religion: Hindu