Taken advance for mortgaged property through sale agreement
The accused(seller) taken Rs.5000 as token advance on 7th April 2015 for a 450sq.ft..total value Rs.20.5 lakhs.
Then sale agreement(unregistered) was made, I transfered 145000 to seller bank account through NEFT mode. And i collected the photocopies of the documents for home loan process. He handed me EC of 2008, when I asked updated one he told her will apply and give next day. But never fulfilled the same. He was postponing to give with silly reasons.
On suspicion I checked EC online, to my utter shock the property was mortgaged for 3.5lakhs to Mr. X from 2008.
When I asked the seller about this he said sorry, I need further 1 lakh to cancel the mortgage, I again NEFT bank transfer 1 lakh to his account. so totally I paid 2.5 lakhs. After that the seller never picked my calls and was not in town.. By following up after through and letter and phone calls.. He sent me a cheque of Rs.2.5lakhs. Which got bounced due to insufficient funds.
I filed sect 138 cheque bounce case and it's transferred to fast track court next month.. The accused had said he will give a part amount during next hearing(off the court). Which i am not interested. Now my intention is to give him ultimate pressure. Through police complaint, any further civil suit can be filed etc what are the other options can I make him understand the pain I went through. The accused is a central govt employee working with neyveli lignite corporation
Asked 2 years ago in Criminal Law from Chennnai, Tamil Nadu
in addition to cheque bouncing case you can file summary suit under Order XXXVII of CPC to recover your Rs 2.5lakhs paid by you with interest
since you have already filed the 138 complaint a parallel civil suit or a police complaint will not stand and not maintainable.
make sure you get a warrant issue against him if he does not turn up, it will build up pressure
you will have to wait the trial to complete if you are not interested in settlement by part payments. the accused will have to pay the amount with interest in full. so don't agree if you cant trust him . proceed with the trial.
if the trial is allotted to fast track court it will be over in three to four months.
If you c an prove the case the amount will be ordered with fine with legal charges which you had to shell out for the case
You can file a suit for specific performance against him to register the sale deed in your favour in accordance with the agreement and also pay compensation for misrepresentation that he had made. This apart, his criminal prosecution for cheating can also be launched. Since he is a govt employee he will be liable to be suspended if he remains in custody for more than 48 hours.
The problem of proposing to buy a property without a legal opinion can be understood now.
There was no need for making the payments in a hurry.
there was no need to make subsequent payments too without confirming the actual situation.
He was an innocent in you and started cheating you.
You cannot recover the full amount from him at one stroke.
You can accept the part payment but still continue to run the case and also the keep the trial proceedings go on.
You may even file a civil money recovery suit and seek for his salary attachment based on the documentary evidences for his cheating activity.