WHETHER FACTS OF THIS CASE FULFILLS INGREDIENTS OF CHEATING?
Querist :
Anonymous
(Querist) 16 October 2010
This query is : Resolved
One Housing Society advertises through webpage advertisement about their property that they intended to sell, saying that there would be a roof top multi-cuisine restaurant over the residential building and after the project is completed, the society shall help the Resident Welfare association to generate rentals by offering the accommodation to tourists.
Housing Society Chairman dishonestly induces a buyer to register in the scheme saying that bank loan is available through a PSU Bank to avail finance.
On submission of loan application, buyer come to know that Housing Society has projected the property as 'purely residential', and accordingly the project documents with approvals of Restaurant and Formal permission to host tourists were not submitted to the Bank.
On realizing this, buyer asks Society to submit the documents of Formal Approvals of Restaurant and to legally host the tourists to generate commercial rentals, such that after verification of the truthfulness of the project further money can be paid by the buyer to buy the property.
Since Housing Society did not have the formal approvals as asked by the buyer, the society on some pretext that bank Loan was not available and that buyer did not pay installment in time, returns the money to the buyer canceling his registration after deducting Rs 5000/- and using his 4.5 lakh for over two and a half months.
Buyer accuses Housing Society of unilateral Breach and 'Cheating'
QUESTION IS THAT WHETHER THIS IS A CASE OF CHEATING OTHER THAN CIVIL OFFENSE OF BREACH?
Housing society
ashish lal
(Expert) 17 October 2010
yes its cheating
