WHETHER THIS CASE BELONGS TO CRIMINAL OFFENSE
Querist :
Anonymous
(Querist) 10 October 2010
This query is : Resolved
One builder falsely promised that bank loan is available from a particular PSU Bank to buy property of his project. On submission of loan application to the designated Bank, It was known by the buyer that project related significant papers were not submitted by the builder to the Bank.
in fact on perusal of the documents submitted by the builder to the Bank it was revealed that builder has projected the property to be 'purely residential', whereas Builder projected to the buyer that property could be used commercially to generate commercial rentals.
On finding this discrepancy, buyer asked the builder to produce the documents to him as the same documents were not submitted to the Bank by the builder.
Builder when repeatedly asked by the buyer to produce these documents for verification of the truthfulness of the project before release of further payment, Builder got fed up and since he did not have these documents for approvals regarding commercial use of the property as stated by him in his advertisement, he returned the money to the buyer on the pretext that he did not pay installment in time after deducting Rs 5000/-. In this transaction builder kept the money of the buyer for 2 and a half month.
Buyer suffered two losses. One which was tangible loss of Rs 5000 plus the Bank interest on Rs 450000/-which he would have gained if money was simply kept with the bank in savings Bank, and the other is intangible loss of being deprived of buying the property of stated description, as apparently without his fault, builder unilaterally 'Breached' the contract when buyer demanded documents for the verification of the Project.
THE QUESTION IS WHETHER THIS CASE FALLS UNDER CRIMINAL CATEGORY AND IF YES THEN WHAT SECTIONS OF IPC BUILDER CAN BE ALLEGED FOR HIS MISCONDUCT?
Querist :
Anonymous
(Querist) 10 October 2010
please reply this question in as much detail as possible.
Devajyoti Barman
(Expert) 11 October 2010
I do not think any good criminal case could be initiated against the builder on the facts as mentioned herein above.
Rather I would suggest you to lodge complaint before the Consumer Forum for refund of the losses and the damages.
s.subramanian
(Expert) 11 October 2010
It is a case of temporary misappropriation of your money by the builder for which you can proceed against him U/s 406 of IPC. But it will be a weak case.
adv. rajeev ( rajoo )
(Expert) 11 October 2010
I agree with Barman. on the ground of not providing better service it is better to file consumer case. No criminal case lies.
Kiran Kumar
(Expert) 11 October 2010
its merely a case of unfair trade practice, try your luck in the consumer court, none of the ingredients constitute offence under the provisions of IPC.
the money stands returned, however the deduction has been made. you may challenge the deduction and seek compensation on account of unfair trade practice etc.
Sarvesh Kumar Sharma Advocate
(Expert) 11 October 2010
if falsely promised proved that mean cheating u/s-420 i.p.c.
falsele particular is also there mean 467 i.p.c.
if yr draft shown clearly such facts before the court dn yr strong criminal case could be file.
