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Tony   06 May 2016

Property sold without my knowledge, compensated cheque bounc

  • April 2010: I had purchased 10 cents of land for 9 lakhs(90000/- per cent) in Vythiri, Wayanad through a then close friend Jobish.
  • The land was not registered in my name, and an agreement had been written which indicated that I had the right to sell it to anyone or register it in my name. This agreement was with Jobish and he always has some excuse to handover that agreement to me.
  • Purpose of buying that land was to sell the same to make a quick profit. But due to the kasturirangan Report(https://en.wikipedia.org/wiki/Gadgil_Committee) the price of land had not appreciated or was declining.
  • June 2015:Jobish sold the land without informing me 11.5 lakhs on June 2015.
  • October 2015:On enquiry with neighbours near the land, I realized that Jobish had sold this. On confrontation with Jobish, he would never admit this, but still said the original agreement was not with him at that time. Later he agreed to this and he said he would compensate me with 13.5 lakhs.
  • December 2015: Agreement was written stating that Jobish would give me 5 lakhs on Jan 15th and 6.5 lakhs on March 30th. This didn’t total the whole amount, since he had transferred 2 lakhs to me after I confronted him. This was notarized and 2 supporting cheques were also provided whose cheque numbers are quoted on the agreement. The cheques were CTS compatible from Wayanad District Co-operative bank.
  • February 2016: I had only received 3 lakhs till this date. I had dropped the first cheque for 2 lakhs which was rejected after a month, because of insufficient funds. And this cheque was reported lost in transit from Wayanad District bank. So, basically I have lost the first cheque.
  • May 2016: I have not received any other funds from Jobish, who has been killing my time all this while, by saying an excuse or the other.

I work in Bangalore, and I had initially taken a personal loan to buy this property. I had trusted Jobish like a brother, and this is my lesson learnt.

What should be my next actions?

Should I drop the second cheque for the remaining amount of 8.5 lakhs. I’m afraid that I might lose this cheque as well from the bank, and I think he has manipulated the bank to lose the first cheque.

Please provide support and suggestion to recover this money from Jobish. 



Learning

 2 Replies

Kumar Doab (FIN)     06 May 2016

Consult an able counsel ASAP and proceed further under expert advise of your counsel.

Issue notice for cheque bounce and cheque lost.

adv.raghavan (Advocate,9444674980)     09 May 2016

Query have lot of things unanswered;

1, Was there any POA in place, authorising jobish to act on your behalf? or 2, Jobish had impersonated you to sell the property?3, Have you gone for EC till date?  Your query is based on apprehensions and  presumptions, Law needs evidence to prove any guilt ,in the absence of that you are fighting losing battle. Try to get more documents then opt for criminal case against the concerned person, making buyer also party to the proceedings.

 


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