A relative of mine had paid a substantial amount to book a flat to the builder in 2014. The marketing people showed a piece of land and assured that the construction would start. They had given a bunch of photo copy of the documents, claiming that they are the owners and the builders. They executed a MOU (not the formal agreement) on 200/-Rs. Stamp Paper and collected the advance and later by offering a huge discount, they collected huge chunk of the total value.
However, the construction never started and later on we came to know that, the builder had cheated many people by collecting advances through advertisements, marketing etc. The aggrieved buyers lodged a police complaint and he was arrested. However he was out on bail and as per police is absconding as of now. When we approached the jurisdictional police station, they expressed their inability to proceed or divulge any information regarding the case. How do we proceed ???. Pls suggest.
Dear Mr Nagesh,
The police have already filed FIR and most propbaly it will be under IPC 420 and other similar sections. I hope the complainants have brought this fact before the trial judge that the accused has absconded while on bail. In any case the police have to bring the accused before the trial judge.
But i must admit that it is a tricky situation because unless the accused is re-arrested you really cannot do anything. However, you may request the public prosecutor to file Application before the trial judge to declare the accused as proclaimed person and get his property attached.
Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
