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Kumar (Engineer)     25 December 2014

Can i file a case under ipc 420 ?

Hi all,


About 1 year ago, a layout developer approached me and wanted to sell sites.

I was also looking to invest in some real estate, so I decided to purchase 4 sites.

Instead of paying only advance /booking amount, I foolishly paid him the entire amount of 24 Lakhs.

We have both signed an agreement on Rs. 500 e-stamp paper (with witnesses), but it is not registered.

It has been 6 months since the layout was formed.

He is actively registering sites for new buyers, but refuses to register my 4 sites and is avoiding me.


Can I file a complaint under section 420?

If so, should it be done at police station or court?

Once the case is filed, what happens?

Can the court direct the sub-registrar to stop registering sites in the layout (blacklisting)?

Is there something called court valuation fees that needs to be paid?

Thank you.

Regards,

Kumar.



Learning

 6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 December 2014

Dear, Yes file a complaint under section 200 Crpc to the concerned magistrate under the relevant provisions of law and in the meantime file a civil suit claiming all sites and taking a stay on these 4 sites... Kapil Chandna Adv, 9899011450

Jai Karan Nagwan (consultant)     25 December 2014

Suit for specific performance is the way out.

T. Kalaiselvan, Advocate (Advocate)     27 December 2014

The unregistered sale agreement has no legal validity before the court of law especially after a latest ruling by supreme court that transfer of proeprty cannot be done on the basis of unregistered sale deed or unregistered sale agreement or unregistered powe of attorney deed etc., this way, if the builder is dodging you or avoiding you, better approach the police station with the complaint and simultaneously with the civil court with a suit for specific performance of contract wherein if the suit is declined for specific relief, it may alternately decree the refund of consideration amount received. Take the help of a local lawyer and proceed further.

Advocate/CS Sanjeev Kataria ( Advocate)     01 January 2015

It is better to go out for filing a complaint case under section 406 and 420 IPC, but before that just serve a legal notice. 

abhisheksinghadvocate (advocate at lucknow)     03 January 2015

by what way you have paid the amount? cash or cheque? 

AV Bagur Advocate (Advocate )     28 January 2015

Lot of options are open to you (a) Specific Performance (d) Declaration (c) Breach of Contract + Damages (d) Stay/ mandatory injunction (e)  S. 420 IPC and many others.  You should consult a strong advocate/ law firm so that a macro level and micro level planning  and execution is done.


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