D K VERMA 22 June 2020

froud case

Sir
I had booked a flat in 2014 in West Bengal with 20% amount. possession date was in 2016.But issue for CLU and non- delivered till 2018 I filed a case in consumer court. in meanwhile 2020 I was known that the flat was sold to another person while case is running in the court .This is a totally froud with me as well as ignoring justice system.
what a strong action should be taken by me? please reply.

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Quick Summary

This discussion addresses a serious fraud case where a flat booked in 2014 in West Bengal, with a possession date of 2016, was illegally sold to another person in 2020 while a consumer court case was ongoing. The original buyer is seeking advice on strong actions to take against this fraudulent activity and the disregard for the justice system. Expert advice suggests filing a police FIR for cheating and breach of trust, or a private criminal case if the police fail to act. Additionally, pursuing civil court action for cancellation of the sale deed and exploring remedies within the pending consumer forum case are recommended.

3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 22 June 2020

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr J C Vashista (Advocate) 23 June 2020

I agree with the expert advise of Mr. Hemant Agrwal.

Besides lodging police complaint you can move to civil court of jurisdiction for cancellation of sale deed, and consequential relief.

You can also move application before Consumer Fora (where your complaint is stated to be pending) for initiation of necessary proceeding invoking the doctrine of lis pendence.