Recovery of money

Niha (Querist) 23 March 2014 This query is : Resolved
An NRI has given full sum of Rs. 11.50 lakhs in the form of cheque to an agent of the seller for purchasing a plot of land. The cheque was drawn in the name of the agent. The NRI did not sign any papers nor the land was transferred to his name. Before the registration could take place, the NRI came to know that the land is agricultural land. Later on, somebody told him that NRIs cannot buy agricultural land. The NRI is demanding money back from the agent, but the agent is not giving back. The NRI's broker (who showed the land to the NRI) also seems to be in connivance with the seller's agent.

Please suggest under what case can the agent and the broker be implicated. Please also suggest some lawyers in Vellore who are expert in money recovery cases.

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Dr J C Vashista (Expert) 23 March 2014
Issue legal (demand) notice through local lawyer for refund of money paid with interest there upon.
The agent and principal can be booked for committing cheating and forgery by filing police complaint.

Advocate M.Bhadra (Expert) 23 March 2014
Lodge a complaint to the Police then file a case u/sec.156(3) Cr.P.C. in Judicial Magistrate Court for cheating.For lack of formal documents there is difficult to establish for a case in Consumer Forum or Civil Suit.

R.K Nanda (Expert) 23 March 2014
no more to add.

Rajendra K Goyal (Expert) 23 March 2014
Agree with the experts. Civil suit for recovery and criminal case for cheating can be filed.i

Guest (Expert) 23 March 2014
The case is definitely of cheating & fraud. Notice is a must to be served to the agent.

T. Kalaiselvan, Advocate (Expert) 25 March 2014
Yes, I agree with the experts' opinion that a notice is to be served first and then proceed with a criminal as well as a civil suit against the erring broker and his principal/agent.

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