Notice u/s 41A crpc
I have entered into a MOU for development of a property in 2012 with the owner, it was an unregistered MOU, but due to financial crunch I couldn't start the construction work till 2014, but by this time I have done the land development & getting the sanctions from the authorities. Then I decided to hand over the project to a third party, accordingly I approached a West Bengal undertaken PSU for the same and after duedeligence of the entire documents they agreed to buy the project at the price fixed between the owner and the PSU Company and I was kept as the confirming party in the entire deal and I was given an X amount as a refund of my investment & profit as an agreement holder from the total consideration amount directly from the PSU Company and the rest was paid to the owner on the day of registration. Now after completing the entire process I was free from the said project. After a year I was called by the PSU Company and was informed that the land has a title problem and they couldn't proceed with the project, as claimed the problem with the title occurred in the 1956, which was not found during searching of the title. The PSU Company wanted the deal to be cancelled & the money with all cost to be refunded. Accordingly I approached the owner with the same & he claimed he was unaware of the disputes as he has purchased the land in the year 2010, where the searching was done & no such disputes were found by his lawyer. So he refused to cancel the deal and refund the money to the PSU Company. After all my efforts I couldn't solve the issue & I was suggested by my lawyer to lodge an FIR against the owner as I was harresed & been pressurised to refund the money by the PSU Company & an FIR was logged by me in the month of October 2015. Now today I have been served a notice u/s 41A CRPC to appear on 15/05/2016 to the IO.
Now pls suggest what should I do ? I am at all responsible for the refund as I have taken the money as a refund of my investment made in 2 years for developing the project as a confirming party from the total consideration amount.