Breach of agreement
hemadri
(Querist) 21 December 2016
This query is : Resolved
Dear Sir / madam,
This query related to land deal. I am from Bangalore.
I had an agreement with a person for purchasing the site on 20th Feb 2015. Initially land was not developed and just by showing the site map he marked the site for me. After the rate was fixed I paid 4 lakhs to that person as per his demand. He told he will develop land and register the site within three months of the agreement. I paid 3 lakhs in cheque and 1 lakh in cash. Till Aug 16 also land not developed and site not registered. After repeated attempts he has given two cheques for 2 lacs and 3 lacs. He told he will return money with interest. After that he requested not to present cheques. But I presented both cheques and bounced. In that cheques one cheque vailidity expired in Sep itself. I am really depressed how to get back my hard earned money. I am an ex serviceman . For cheque bounce case only one cheque is valid.
Please advise on how to tackle this person to get money back. He is torturing me mentally.
Guest
(Expert) 21 December 2016
Whether the Other cheque got cleared and credited.First request the person to reissue the Uncleared out dated cheque.Take the help of reputed persons.Dont give the uncleared cheque unless you receive a Fresh Cheque and Verify the signature in both the Cheques.Failing which the Police complaint of cheating and Criminal Proceeding would be the remedy.Consult A Local Good Criminal side Advocate.
hemadri
(Querist) 21 December 2016
Sir,
Both cheques bounced and he is not giving fresh cheque after repeated requests.
Kumar Doab
(Expert) 21 December 2016
You have posted that:
"Till Aug 16 also land not developed and site not registered. "
If the site is not registered in his name, then which docs related to ownership were examined by you, before paying him!
You should have preferred proper legal opinion from a very able counsel specializing in revenue/property matters before entering into agreement and making a payment.
If you can resolve by your own skills and intervention of well wishers, reputed person then do that ASAP and/or Approach a very able counsel for proper legal opinion and show all docs on record.
hemadri
(Querist) 21 December 2016
Sir,
its about 2 acres of barren land. he told he purchased and to develop need funds, so he took some amount in advance for development. he has not done that. i trusted and my mistake that i didn't check whether land is really purchased by him. He has done this with three of our family members. From all three he took money and not done anything apart from troubling.
Kumar Doab
(Expert) 21 December 2016
Money vanishes fast.
If possible resolve by your own skills and intervention of well wishers, reputed person ASAP and/or Approach a very able counsel for proper legal opinion and show all docs on record.
hemadri
(Querist) 21 December 2016
Sir,
for cheque bounce case one cheque is not valid. can i put civil case based on the agrement.
Guest
(Expert) 21 December 2016
The Person is 100% fit for Cheating.Fraud,Breach of Trust,Forgery all Criminal Cases.Consult a local criminal side Advocate File Police Complaint and Proceed Criminal Proceedings
hemadri
(Querist) 21 December 2016
Thank you sir
Kumar Doab
(Expert) 21 December 2016
You are welcome.
Guest
(Expert) 21 December 2016
Welcome please
Rajendra K Goyal
(Expert) 21 December 2016
If the time for filing cheque bounce case has passed, you can recover on the basis of civil recovery suit. Find out the assets of other party and try to have stay on possible dispose from him pending suit.
You can also lodge FIR against him with civil recovery suit.
H.M.Patnaik
(Expert) 22 December 2016
In the given circumstances, you have to take resort to civil recovery proceedings over and above Criminal reliefs also to recover your funds even though the stamp duties will be much more . Immediately get in touch with an experienced local lawyer for guidance and steps.
hemadri
(Querist) 23 December 2016
Thanks to all for your valuable suggestions
Kumar Doab
(Expert) 23 December 2016
You are welcome again.
It is good to see that some authors are thankful to the efforts of experts.
