Respected Experts,
In 2007, I bought a flat in Mumbai directly from a builder who tried to charge me brokerage at the end of 2008 while handing over possession. He wanted me to pay some agent which he had hired to help him. I refused to pay since that was the first time I heard of this broker and his brokerage.
I had to complain to consumer concil before the builder gave me the possession of my flat and I have documentation of all the correspondance with the agent, builder, and consumer council. The agent moved to court in immediately afterwards saying that I had promised him the brokerage while booking the flat. This of course is not true as I did not meet the guy before until Dec 2008 after builder asked me for the brokerage.
The agent claimed that he held site office next to builders office and he has entries of our names in his log book. I saw it and they look forged. In fact in 2007 entry he has my phone number which I aquired in mid 2008. The log book entry is not even in my handwriting and there is a lot of empty lines in the log book which he can fill with any random name he wants. He also has a few printed payment schedules which do not have my name or signature which he used as evidence. For complaining to Consumer Council, I had him send me a demand letter which he had sent me in Nov of 2008 and I included that in my complain to consumer council. The agent is using that as one of the evidences. In his complaint to court, he suggested that he will use his employees and the builder as the witnesses of our dealing.
I attended the court case (420/406) for 1.5 years after 2009 and at the end of 2010 moved out of coutry for employment. In May 2011, since my lawyer did not handle my case properly the court issued an arrest warrant for me. In Feb 2012, I appeared before the judge and paid the bail. Since then my father who has power of attorney from me to attend the court matters attended the case. There has not been a single hearing only fuure dates. 2 weeks ago, my father was told by the judge that "he need not attend" the hearings. Instead I should attend. This is very impractical for me as I cannot travel internationally just to get the dates. My lawyer says in criminal cases, the judge can demand that defendant attend yet he says that he can handle it. We are unsure how, hence I am here for more expert advice.
what are my options? It seems ridiculous to me that he is able to file 420/406 even though we had no association and harass me this way:
1. Can we request quashment the case?
2. Can my lawyer and father handle it without my presence?
3. Can I request the court to give me a hearing on a specific date?
4. are there other options?
Please help.
