Dear All,
My father is a Senior Citizen aged 81 years who stays with me at Kolhapur, (Maharashtra State). He had a plot of land at Ulwe, New Mumbai allotted to him by CIDCO.
One Purchaser signed a M.O.U. on an Rs.100/- Stamp Paper which is Notarized (but not registered). It is mentioned in the same M.O.U. that the first installment of 10% of the cost is paid at the time of signing the M.O.U. which we have received by cheque.
The Purchaser won trust of my father & mischievously got the necessary documentation registered at Panvel after drugging my father and also got the Lease Agreement and Tri Partite Agreement in his favour by managing the CIDCO officers; he also got the Plot transferred to his name.
My father discovered this manipulation recently and desired to take legal action against the Purchaser. Besides the initial 10% my father hasn’t received any payment so far.
As per the M.O.U., The Second Installment of 40% was to be paid at the time of getting the Lease Agreement signed from the CIDCO.
The Third Installment of 40% was to be paid at the time of getting the Tri-Partite Agreement from the CIDCO.
The Fourth Installment of 10% is to be paid at the time of handing over the possession to the Purchaser.
As per the terms of payment mentioned in the M.O.U. I quote” Forthwith on receipt of full-agreed consideration amount, the Assignor/Vendor herein shall have deemed to relinquished, transferred, assigned all his rights, interest, claim etc. in favour of Purchaser and the Purchaser shall ipso-facto become entitled to legally occupy and possess the proposed plot and all rights, title etc. shall be transferred in favour of the Purchaser” Unquote.
Now, the Purchaser is refusing to pay the balance sighting absurd reasons.
In light of the above facts, we feel this is a case of cheating hence wish to lodge a case of cheating the purchaser.
Kindly advice us if we can lodge a complaint of Cheating at Kolhapur Police Station?
Can we move the Court for justice in this matter at Kolhapur? Or we will have to lodge a case at New Mumbai?
My father being a Senior Citizen, attending the court etc. will be convenient at Kolhapur.
Kindly help us with your valuable advice/s. We will remain grateful to all those who help us in the matter.
Therefore generally speaking, he is not the owner as 100% consideration amount is not paid to the Vendor/Assignor and this is a case of cheating. in common language it means that the Purchaser is This means that the Purchaser Today’s position is that he is the Owner of the Plot in CIDCO’s record but since he has not paid the full consideration amount, he is not the absolute owner.
