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Dr. S________ (Doctor)     14 September 2011

Cheating, defraud and 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 my family when visiting India. He is 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 whom I had never met until later. In the last meeting when things got hot, Mr R handed over to me a copy of an agreement to buy the property for the sum (less than 18 lacs agreed with me)  and the agreement was made between My U and the vendor. Mr R made the contract to buy for his friend Mr U and not me. That was the reason one reason and another he was really buying for 18 lac less. This Mr R did not  want to tell me.

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 corruption at all levels in Delhi/Noida. Can you please suggest what is my best course of action, preferably without incurring large expenses.

I have been suggested that I should 'complaint should be lodged before the court of appropriate juridiction' what does this mean

'under section 156 Cr pc , file a report in the court of Ld Magistrate based on which further legal action shall follow' Please explain?

Can I not file the case in High Court or Superine Court my self. If so, How to proceed. Frankly I do not trust whom to trust.

 

Many thanks



Learning

 2 Replies

jayant (legal)     14 September 2011

Dear,

 

There is no big difference between U.k.laws and Indian Laws. It is very settle laws between all over the world that every agreement should be in wirtten. When you handover cash to person you should make legal agreement and put one clause of refund of amount if there will be any natural anavoidable incidence happen. Now there is no meaning to file the criminal suit against these people. The best remedy is to file a civil suit under frustation of contract in Court so that you will at least get your paid amount.

Considering you statment - complaint should be lodged before the court of appropriate juridiction' what does this mean 'under section 156 Cr pc , file a report in the court of Ld Magistrate based on which further legal action shall follow' Please explain

"appropriate juridiction" means the Court who is having legal authoirty, power and jurisdiction of the Complaint which you filed. For e.g.  you will suppose to purchase a property at Noida and residing at London, and make oral agreement with agent at Delhi in such situation, as dispute is relating to oral agreement which you made  with agent at Delhi. Therefore Delhi Court is having the jurisdiction and having power to entertain the coplaint.

But if you meet agent at London, and made agreement at London in such case London Court is having jurisdiction, power,authoirty to entertain your complaint.

 

Hope you understand, still if you have any doubt please do not hesitate to contact us.

Dr. S________ (Doctor)     14 September 2011

Dear Sir

Thank you. I met 'R' at at our family home in new Delhi and at his home in Noida and saw the properties i n Noida. So, do I register the case in Delhi or Noida. Do you know if there is Lower Magisterate  Office in Noida.  Must I hire a lawyer to register a complaint. What happens then. I will be in Noida fol 10 weeks, can any thing be achieved during that period? Can you please tell me something about the 'Frustration of Contract'  Any other information regarding this matter will be useful. Thank you


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