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Cheated in real estate investment

(Querist) 04 May 2015 This query is : Resolved 
I had met a real estate broker at his residence outside Mumbai. His daughter happened to join my export company in March 2011 . In early September myself and my Wife visited their house on Ganesh chaturthi day then and became familiar with all the members of the family including his wife, son and other daughter and son in law . During our discussions about investments the person informed that he can show many plots and properties which will bring guaranteed big returns. We went around and saw many plots . I had not decided at all on any particular purchase when during the course of our few meetings he suggested to offer his premises on the second floor measuring around 3000 sq ft according to him. I fell in to his bait and he quoted me 50 lacs for the house with private gate , parking and many other facilities. I had not checked or enquired or made any study and just accepted blindly to his rate.I started making payments in cheque and cash and somehow managed to take receipts for those payments but never did he show any desire to show or give documents or even basic sale agreement or 7/12 or N/A or anything at all. Those days the entire family were praising us to the skies and we were always generous in our relation with all of them. To further add to this, I took lot of interest and involvement in the proposals and marriage arrangements for the girl working with me as they all felt she was more than a daughter to me. Today the person says he has no money and I can do what I like. I have paid a total amount of Rs.26 lacs by cheque and a further amount of 20 lacs by cash. All this payment has been made by my wife from her account and name.The interest accrued till date on a minimum working of 10% PA works to over Rs.22 lacs. what is the course of action i can take and to my little knowledge is criminal case the only option? I need to take immediate action as I have lost more than 3 years in my blind trust.
Kappil Cchandna (Expert) 04 May 2015
Sir,

Was any agreement entered into between you for that property or it was just an oral discussions going on .....

What does the receipt says about the money paid by you ....

Warm Regards
Kapil Chandna Adv 9899011450
Murli Narayan (Querist) 04 May 2015
Sir, there was no agreement and I had expected all documents to follow later, but not a single document provided including sale agreement etc.
The receipts says " Cash / Cheque towards Part Advance against property booked at your premises".
Please advise.
T. Kalaiselvan, Advocate (Expert) 06 May 2015
It is utter foolishness for having parted with such a huge amount without any evidence. You may consult a local advocate, issue a legal demand notice and if fails to respond, you may lodge a criminal complaint against him in the local police station.
Murli Narayan (Querist) 07 May 2015
Dear Mr.Kalaiselvan,

Thanks for your reply and the suggestion.
Are you based in Mumbai? or outside mumbai.
In case you are based in Mumbai, would you like to discuss further on my case and take it up pl?
Murli Narayan (Querist) 07 May 2015
I see your profile as from bangalore, so would be difficult.
Anyway many thanks.
Murli Narayan (Querist) 07 May 2015
Any Advocate practising criminal law who would like to take this case may write to me at murli904@gmail.com
I can discuss the case only by personal meeting and not over email or phome.

If the entire terms are suitable , can decide and proceed accordingly.


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