Recovery of amount from the seller
Manish Sharma
(Querist) 26 April 2017
This query is : Resolved
Dear Sir,
I have one important aspect and need your advice on urgent basis. I have entered into agreement with a seller for buying of land on behalf of my clients. I had set a margin in the land and was selling the land to my client at higher price the same was in knowledge of the client as well as we mutually agreed for the same margin.
The seller with whom I entered into agreement showed me copy of registry to be done of the same land for whom I entered into agreement with him. He was supposed to get the registry done in my name after getting the registry done in his name. After three months I came to know that the seller had already committed the same to other people as well and was fooling them around.
He had paid full amount to the 1st party from whom he has purchased the land. When I contacted the first party then I came to know that he is not interested in getting the registry done in his name and is fooling many people with the same technique.
My question is that I have suffered loss from this agreement, I have logged FIR against him but the police is doing nothing to arrest him.
Can I file a separate case against him for recovery of the loss and also the mount I had paid him at the time of agreement with interest.
Now my client is not interested in buying that land and i have suffered huge loss. Please advice if i can file a separate suit to claim he loss from this person along with the agreement amount with interest.
Regards
Manish
Kumar Doab
(Expert) 27 April 2017
Isn't it same query:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=149285&offset=1
Kumar Doab
(Expert) 27 April 2017
And;
http://www.lawyersclubindia.com/forum/Agreement-of-land-can-be-cancelled-on-will-full-defaulter-148717.asp
Kumar Doab
(Expert) 27 April 2017
You may proceed against this fraudster and collect your money back. If Legal adviser for land and revenue like you falls into such traps what would be fate of general public.
Manish Sharma
(Querist) 27 April 2017
yes sir, it is same inquiry. Its not about getting the money back. I want to know if it is possible to file a case against the person for the loss I had incurred. Is there any section wherein I can file a case for the loss because of his act and also recover my money. Please advice.
Dr J C Vashista
(Expert) 28 April 2017
If you are dissatisfied with FREE ADVISE of experts on this platform you must have consultation with a local prudent lawyer instead of repeating same question. It is absurd, ridiculous and bad to repeat same story.
Kumar Doab
(Expert) 28 April 2017
What loss?
Rather thank your stars if you have got the refund of advance paid by you.
If Legal adviser for land and revenue like you falls into such traps what would be fate of general public.
Manish Sharma
(Querist) 01 May 2017
thank you for your responses. I did not realize that the query is being repeated again. I regret for the same. I know this matter is a bit tricky but the point is very simple I can take my money from him and leave the matter. But its been almost 2 years since i signed that agreement. The person has been trying to convince me that there is no such issue until I found through court that he has entered into agreements earlier. I have signed agreement with my client and this person also know hat if he does not give his land I will be in trouble. Even the most important point is that despite signing agreements with other parties earlier, this person has the guts to sign a new agreement with me as well.
Taking money back from him is not a big issue. How to get hold of him is a point. He is very rich and a famous builder. He also had lot of FIRs against him earlier but nothing happened to him. That is why he is not at all concerned about this FIR.
I know that this platform is a intellectual persons having lot of experience. I need your advises so that I can take appropriate action and nail him down. So that he does not repeat this again.
krishna mohan
(Expert) 02 May 2017
I am of the view you can demand specific performance through appropriate court having jurisdiction on this issue if no fault on your side.
Kumar Doab
(Expert) 02 May 2017
Before you also, there are many in the Q, that have paid.
Collect your money that you paid ASAP.
You have already lodged a complaint.
Further: To understand options and merits go thru post of Dr.Vashista.
