• Gave money to sales executive who did not give it to builder

Hi,
      Place: Bangalore           
This is about purchase of flat. I was told by sales guy to give money in cash for some saving in terms of service tax. I had given him 23 lakhs. Now this sales executive and the builder have an ongoing issue in terms of money settlement among themselves. So he din't give it to builder and kept if or himself. Now the builder is asking me to file a criminal case.
Facts about case:
1. I have a video recording where the sales executive has agreed taking money from me the exact amount.
2. I have phone recordings for the same (where he accepts he has taken cash from me).
3. He has given receipts which builder denies they are valid
4. I have applied loan in SBI and have submitted the same receipts and the bank has released it's part.

So for some money issue between builder and sales executive (where sales executive feels he should get money from builder) he has kept my money and has not given it to builder. And i am the one to face all the emotional trauma.

Please let me know how to proceed in this case.
Asked 7 months ago in Criminal Law from Bangalore, Karnataka
Religion: Christian
1) you have to file police complaint of cheating , criminal breach of trust against the sales executive and builder 

2) rely upon receipts issued by sales executive for and on behalf of the builder 

3) also video and audio recordings in your possession 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hi
1.if the executive represented the builder and acted as his sales executive ,accepted money,builder is liable .
2. You can lodge an FIR against ,cheating and breach of trust against builder and his sales executive,which can pressurize them to pay.
3.you should send alegal notice and file asuit to recover the amount.
4.you can aproach aconsumer court or a civil court ,in consumer forum your court fee is minimal whereas civil court it is more 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
You have to file criminal cases against both builder and this sales executive who was employed by the builder himself. Both are hand in glove with each other. 
On the basis of the receipts issued by the sales executive the bank has processed your loan and released the loan amount in favour of the builder. This is a very important point in your case. 
The video recording of the sales executive admitting to receiving the amount is once again very vital and clinching evidence. Keep it safely. Phone recordings also can be produced in court. 
Any internal issue between builder and sales executive you should not be made to suffer.
Kindly lodge an F.I.R against both builder and sales executive without any further delay.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
5.0 on 5.0
Hi, First you have to lodge a police complaint against the sales executives.

2. Inform the builder  in writing that you have paid the amount to the sales executives so you are not liable to pay any amount to you.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
If there was a sale agreement you may file a suit for specific performance of contract based on the sale agreement and the receipts given to you, if there is no sale agreement and the builder is not agreeing to transfer the property to your name, then file a cheating case against the builder and his subordinate i.e., the sales executive.
In police complaint you may produce the video and audio evidences, they will frame the charges accordingly. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1. You were naive to give money to an intermediary instead of the actual recipient.
2. The builder is right in suggesting you to adopt your remedies under the criminal law against the executive. You should file a FIR against him for cheating and breach of trust against him. This apart, a suit for recovery of money is also required to be filed against him.
3. The act of sale executive does not bind the builder.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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