LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dr. S________ (Doctor)     02 May 2011

Defraud, Cheating, loss of trust

I am British Citizen of Indian origin. I was selling family property in Delhi and got into an agreement with a property dealer. Having done that, I requested a relative (Mr R) who had developed a close relation with me when visiting India. He ex property dealer. So, I trusted his advice and agreed to buy a house in Noida which he showed me. I was leaving Delhi for UK that day. He said leave X amount in cash and said he will draw an agreement and sent it to my brother to be posted to me to sign. He assured that he will take full responsibility of money and he will return the cash after deduction of one lac or so  if the deal does not go through for any reason. So, I gave instruction to my brother to hand over the cash to Mr R and get the agreement. A day after I left, Mr R sent two people (working for another estate Agent Mr U) to collect money but did not send the agreement. Mr R as he was well known to family and he assured that he will send the agreement on the same day, my brother handed over the cash without taking anything in writing{a gross mistake).  Mr R assured that he takes full responsibility of money. I have failed to get a written  agreement  as yet in 2 years. Due to recession my sale had been delayed but I was prepared to fund the purchase with an alternative source but not until I received a written agreement. He refused to give anything in writing on various excuses and time passed. The house that I was going to buy was in the mean time sold and Mr R said that my deposit is confiscated but will not give in writing. Mr U is Mr's close friend. Mr R says that the money collected by two people, he had sent to Mr U whome I had never met until later.

I registered FIR against Mr R and Mr U one year ago but nothing has happened primarily due to interferance from various people in high places known to Mr U. Mr U does not deny the receipt of cash but says that I did not complete the tranction, so deposit is confiscated. Being British Citizen and living in Uk, I do not know how I can proceed with Legal action in the light of correction at all levels in Delhi/Noida. Can you please suggest what is my best course of action, preferably without incurring large expenses.

Thank you



Learning

 4 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     02 May 2011

Dear Querist,

 

Facts would largely appear to suggest that the case relates to cheating, breach of trust (both civil and criminal) and fraud. The commission of offence since  the inception, a case of dishonest intension is made out. Although an FIR against Mr R and Mr U has been registered, yet nothing sunstantial has been done at least the invetigation, you may file appropriate application (under Section 156 CrPC) seeking direction to the concerned police initiate action and registration of FIR (if not already done) and file a report in the Court of Ld. Magistrate. Based on which further legal action  shall follow.

 

Trust this would suffice.

Dr. S________ (Doctor)     02 May 2011

Dear Sir,Thank you for your prompt reply. How do I file a report in the Court of Ld Magistrate? Does this mean that I file a detail case  report    with the Court of Ld  Magistrate. How does this differ from taking a legal action? What is the exact procedure. I also think that my case should primarily be against Mr R. Thanks

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     02 May 2011

Dear Querist,

 

Depending upon case, involvement of criminal element & intent of the accused (in yor case Mr. R.), the proposed complaint shall be lodged before court of appropriate jurisdiction. Thats the primary requirement in given situation.

In order to make fullproof, your case papers should be studied very candidly and then one can form an opinion based on which you may go ahead. Thats the procedure.

We shall be able to advise you when case papers are with us. One point you may note that hard copy evidences of the transaction between t he parties and/or email correspondences leading to financial transaction would strengthen your case.

 

Trust this would sufifce.

Dr. S________ (Doctor)     21 May 2011

Dear Sir

Thank you


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query