Gangadhar (Software Engineer) 09 November 2013

Seeking for advice on putting a cheating case

Dear Respected Lawyers,

Can any one kindly give me your suggestions on the below situation:

I had given Rs 20000 as an advance to one person who have had an agreement with an actual owner of the property in Mar 2012. When I had given token advance to him, he had given me a receipt with his signature saying that I had given Rs 20000 as an advance to him and the remaining amount would be paid with in 2 months. Even I was ready to pay the remaining amount and go for registration, he is not willing to do an agreement for me. Moreover when I asked him to return my money back, he is not at all ready to give me my Rs 20000 (which I had given him as a token adance) at least, even though I was keep on asking him for the past one and half year.

In this situation I would like to take a legal action on him whichever is most effective/powerful.

Could you please suggest me what type of case that I can put on him?. Can I put a cheating case on him? Kindly suggest...

Thanks in advance,

Regards,

Gangadhar M,

Mob#: 9912745623

Hyderabad

Reply Follow

4 Replies

T. Kalaiselvan, Advocate (Advocate) 10 November 2013

Issue a legal notice to him stating that he has taken an advance amount of Rs. 20,000/- and duly acknowledged the receipt, promising to sell the property whereas now he is not ready to sell the property or return the advance amount despite several requests made to him and make a demand to return or reply within 7 days of the notice, if he fails to, file a money recovery suit against him.

Gangadhar (Software Engineer) 10 November 2013

Thank you Sir for your valuble suggestion. As you said I'll issue a legal notice to him for sure. But wanted to know more, if there is any other suit/section that I can file on him to take most be most effective/powerful action as I got frustrated a lot. appreciate your help..

Regards,

Gangadhar

T. Kalaiselvan, Advocate (Advocate) 10 November 2013

Gangadhar,

With the evidences in your hand you can approach local police to take action against him for cheating you and other offences namely threatening you and criminal intimidation, abusing you in filthy language etc. But do you have influence with the police to take up the issue this way, you may have to shell out atleast 50% of this amount as bribe to police, will it be possible for you, suppose he is influencing the police with his own powers, what will be your situation then, think twice before taking any decision.

Gangadhar (Software Engineer) 11 November 2013

Thank you for your advice Sir. One more doubt I have, in case if I want to file a complaint where should I file? should it be in police station which belong to 'X' mandal or 'Y' mandal? as I was staying in X mandal and he is staying in 'Y' mandal and the property is also in 'Y' mandal in Hyderabad.

Regards,

Gangadhar