Abdullah 11 September 2017

Plot sale cheating

Hello expert , My friend ask me to invest in buying a plot (NA propesed land ) from one of his friend who is developer of that land and I have paid 70% amount (200000 INR ) in instalment to my friends account online in a duration of year .He gave me some initial sale agreement stating to pay 100000 initial and rest in instalment . Now it's been two years and he is saying the land is still under the conversion process from agricultural to NA. I ask him to return my money back and he paid 50000 back in some instalments . Can I file a fir against him for the recovery of my money ? His name is in the witness of the notary sale agreement of that plot and I have proof for transfers of money online to his bank account . I asked him to pay me back with interest and he refused to pay the interest money . He is asking for 6 months time to repay only remains principal amount 1.5 lac considering my relation Else asking me to go and get money from the developer. I found that the land belongs to x person and developer has the GPA What options I have leaglly to recover my money from him . Will filing a complaint against my friend for cheating help to recover my money with interest ?

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5 Replies

Ms.Usha Kapoor (CEO) 11 September 2017

You file a cvil suit for declaration of title ,possessession, mesne profits along with interest against the seller ,Mr.x and developer joining them as oppsite parties in the suit.or in the alternative you can file a civil suit for recovery of balance of pricipal amount+interest+mesne profits from the date of suit till its disposal. against the seller, Mr.x and developer joining them as opposite parties in the suit.You can file a police complaint as well against the seller for cheating u/s420 IPC for the balance amount and interest as per the sale agreement provided it is registered and other documents in proof of your case..You show proof of documentary evidence in your favour in court in support of your contentions in the suit or police complaint.

(Guest)

or in alternate you can file a consumer complaint against the developer. it is upto you which course of action you choose

rit arora

regards

advocate

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Siddharth Srivastava (Advocate) 11 September 2017

You can file suit for recovery wherein you can claim interest and also cost and expense. Consult a lawyer and get issued alegal notice. Complaint can not be meant for recover. You can also approach consumer court.

Abdullah 11 September 2017

Thanks for your inputrs ...

My Question is to whome should i file the case ? my friend or Developer .

As i said earlier i paid the money to my friend and He was the intermediate between me and the person who issued the Nortary sale agreement (developer) where in it stated the prtial payment .

Developer says he has No clues about the later amount which i made the payment in friend account after the Sale agreement.