Section 409 ipc
S.D. Singh
(Querist) 06 December 2013
This query is : Resolved
I deposited 20.00 lacs being 50% of total price fixed for a flat with builder. It was agreed that he will complete it provide possession in one year. It was also agreed in writting if after one year I wish , the builder shall buy back the flat and return the money with 18% p.a.But even in 1 1/2 years he even did not start construction of the flat. The financial position of the builder is very bad.When I demanded money as per agreement, he issued a legal notice to deposit the balnace amount of flat i.e. 20.00 lacs, otherwise the money already deposited i.e. 20.00 lacs shall be forfieted and allotment shall be cancelled. Is this a case of 409 IPC, builder being Merchant and received the money in the course of his business.
Dr J C Vashista
(Expert) 06 December 2013
1. File a complaint before police for cheating and defrauding.
2. Besides this, move to consumer forum/ commission for deficiency of service.
3. Better to engage local lawyer
Devajyoti Barman
(Expert) 06 December 2013
Yes do as advised above. It is a god case for compensation under consumer protection act.
R.K Nanda
(Expert) 06 December 2013
agree with experts.
Raj Kumar Makkad
(Expert) 06 December 2013
Your complaint shall not fall within the ambit of consumer forum so better to file civil suit as well as criminal complaint as already advised to you.
Rajendra K Goyal
(Expert) 06 December 2013
Agree with the experts. Lodge FIR and demand back the money.
T. Kalaiselvan, Advocate
(Expert) 07 December 2013
Mr. Makkad rightly advised you to file a civil suit and a criminal complaint. As per the agreement, if what you told is to be taken as granted, the builder/promoter should return the money he received, thereby he acknowledges the receipt of money and is liable for the same. So, recovery of money through a civil suit is the best option as well as a complaint with the police or criminal court for breach of trust.
S.D. Singh
(Querist) 09 December 2013
Respected sirs,
My question was about applicability of S. 409 or not. But regretly, no expert answered to this. Please re-read the question and reply. Regards and Thanks.
Nadeem Qureshi
(Expert) 09 December 2013
Dear Querist
section 409 of IPC will not attract in this matter, this is a simple matter of specific performance or consumer service, deficiancy of service.
you can file a civil suit before civil court under specific relief act, suit for recovery or file a comlaint before consumer forum for deficiency of service & claim compensation from the builder because in section 409 of ipc it is clearly specufied that this section will aytract only public servent, banker, merchant or agent.
the builders are not come under defination of any one of above people
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 December 2013
Yes it can not attract any criminal action.
Since the contracted commodity is existing and available it may at the most be damages for delayed action.
That also the party has to prove conditions of agreement otherwise deposit money is also in danger.
Please go through the very recent case of SC - Salman Rushdi wherein court directed market rate and not contracted rate for completion of transaction due to delay beyond the control of the vendor.
