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Avinash Gaikwad (AVP)     07 January 2017

Icheating and extoration case

Dear Sir/Madam,

I am a NRI, residing in the State of Qatar.  I hope, you could assist me in this matter.

I purchased a commercial property in Maharashtra. A full payment had been made to the owner and agreement was formalized on 5 October 2015, at Sub-registrar office.

 In good faith, I agreed to lease the property to the same owner himself. However before effecting a formal rent agreement, I had to fly back to Qatar due to urgency of work. (The agreement was made, only my signature was pending).

Initially he deferred paying rent citing various reasons and lately did not pick up my calls.  When after several months somehow pick up my phone, to my surprise demanded additional amount of INR 250,000. He told me that he would not pay the rent, unless and until I pay him INR 250,000 and I may do whatsoever, he doesn’t fear to anybody.

(Herein it may be noted that the property was referred to me by first cousin and sister-in-law, when I understood they were deceiving me in order to earn money, I directly approached to the owner without their knowledge, who inadvertently told me the true rate, with which we went ahead and affected the formal agreement. My cousin and sister-in-law owns several properties in that area including the one rented out to same offender.  It was clear that this offender has colluded with them in order deceive me).

With this I left with no option but report to police.   I called to the respective police station and also made online complaint, per police advice I personally visited the respective police station on 18 March 2016 and met with the inspector on duty, she listened my complaint carefully and called accused in front of me and noticed gross discrepancy in their statements but still, refused to register a FIR or take written complaint from me. She told me that she would call accused to police station and will speak face to face after couple of days.  When after couple of day I called this inspector, she told me that she was busy as senior police officers visiting the police station and it was not possible her to take this matter immediately.

I explained her that I am NRI and could not stay that longer as I had to fly back to my work.  I again visited police station on 25 March 2016 and this time met with another inspector, who had taken my written complaint and but told that he will handover it to the same Inspector, whom I approached earlier.

Thereafter to date, I personally visited the concern police station several time from abroad and provided all supporting documentation, pursued the matter right from the concern police station to the commissioner office, made numerous calls from the local to higher offices and begged them for assistance to register my formal complaint but without any fortune.

In July 16 with my consistence follow up with the Police,  one of the PI summoned the offender to police station, when he agreed  to  registered agreement and  and pay my pending dues.  Accordingly a registered agreement was made in Sept 2016 for 11 months. He agreed to pay pending dues for the previous period also. But rental cheques were bounced, on complaimt, however he transferred the rent by RTGS. But after this, he stopped paying rent, instead again started demanding money from me, as like before.

I called police, but they took no action.

Last month, I visited India and met with respected Police Commissioner and handed over a complaint copy.  After that I met with Senior Police Inspector, who then called the offender. Though, the offender lied, I was able to prove the case with evidences.  I believe, with their experience and expertise, police was not privy to this matter.  When police questioned him, why he was asking money from me, he  tried to misled the police that he had not received amount against one of the cheque of the sale deed (he had never told me that, when he had been trying to extort money from me). I presented a bank statement and proved his lie. At the same time  he also told to the police that actually the agreed value is more than the agreement price, he therefore asking  that balance money (black money).

I demonstrated to the police, his dishonesty, however, police only took our statements and filed the case, after the offender agreed to pay my dues before end of December 2016 from the new agreement date and not to harass or extort me anymore.  I tried to explain to the police that they had deceitfully neither given me the rent agreement copy nor paid the rent for the previous tenure, which was, however ignored by the police.

I returned back to Qatar and kept reminding the offender to pay my dues, however he did not pay.  On 29th December 2016, he told me that his uncle has expired and he was outstation for cremation, however he assured, once he returns to Mumbai he will pay my dues (it may be noted RTGS can be done from anywhere)

When I called him again, he told me that he has not received money from his clients, once he receives, he will pay.

He has been cheating me for last one and half years giving various excuses.  He is taking the benefit of my foreign residency and I believe police’s approach to date in this matter only encouraging him in his misdeeds.

Why police are reluctant to register a FIR, instead citing it is civil matter? (which clearly not)

I don’t mind going in court, but most are advising that   it will be time consuming and justice may not be delivered and I will lose more money that what I may get  through the court proceedings (if it all)

Under such circumstances, what are options available before me?

 Which institution I may approach?

I look forward for your valuable guidance.

If you have questions or need any information, please do not hesitate to contact me

 

 Your faithfully

 

Avinash



Learning

 11 Replies

Adv. Yogen Kakade (+ 91 9225510883)     07 January 2017

Hi,

It clearly shows that the earlier owner has taken every advantage of you being out of country and he had a  cheating intention since beginning.

Giving the property on rent without executing a lease agreement is illegal and it can be easily defended in the court. But as that person has agreed to pay or issued the cheques towards the same, then the things shall be little easy for you.

Who has the possession of the property currently? If that person is still in possession then as a first priority for you to get the possession of the flat at the earliest and then fight.

As you have mentioned that you had already filed a complaint with the police, then in such case the copy of the complaint has to be seen. Get a good lawyer and proceed, as your lawyer can remain present personally in your absence.

 

Adv. Yogen Kakade 

Email: juryconincorporation@gmail.com 

Call:  +91 9225510883

 

Sudhir Kumar, Advocate (Advocate)     09 January 2017

He is actual possesion of the property and on a stronger wicket.

 

You have been able to bring forth extortion case and by application to city magistrate you can get the FIR filed..

 

Police has no power to get the house vacated so they won'nt.

 

Police has no powers to get your rent paid still they tried and failed.

 

You have to file suit for eviction and payment of dues as a tennant.   You can additionally go ahead with the FIR on extortionmatter.

 

You have nto been able to eatablish the role of your releatives.

Pawan S (Advocate)     09 January 2017

Agreed with Mr. Sudhir Sir.

 

Avinash Gaikwad (AVP)     22 January 2017

Dear Sirs;

Thank you very much for your valuable advice.  It is comforting and it helps me with the way to take this matter forward. I have advised one of the local advocate to serve the notice of termination to the offender.

As far as my close relative is concern, I thought it was a matter of family reputation and felt embarrassing to bring this on public platform, even though I caught them red-handed.  I had never been wanted to prosecute and or to take legal actions against them and that was the reason, I never explicitly mentioned them in any of my complaint.

But problem is that both the offender and my relative colluded and took full benefit of my foreign residency. The first year they blackmailed me, saying that if I would not pay the additional amount, I would not get the property papers(I returned back immediately after registration and they supposed to collect the agreement from the registrar office) and rent agreement,  Nevertheless I got the copy of sale deed directly from the registrar office but couldn’t obtained rent agreement copy, as it wasn’t a registered agreement, but stamp-paper written only. I had even agreed to surrender the property back to them at the same purchase value. But they had asked me to first hand over Power of attorney, which certainly, I cannot.

I approached to police, but the police did not register a formal complaint, as the offender agreed to pay rent with arrears and also agreed for new registered rent agreement. As such now I have registered rent agreement with the offender.

But again, when I returned back, he started asking money and stopped paying me the rent despite of register agreement in force now.

The offender is local and appears knows senior police officers, who intervene, as evidenced from my last visit to the police station.  I believe it clearly a criminal case (I hope you agree) but police are citing it’s a civil matter.

I have contacted the advocate and hope this matter soon be resolved.

Thanks again for your assistance.

 

Wit Best Regards;

 

Avinash

Sudhir Kumar, Advocate (Advocate)     23 January 2017

you hve been given legal option.  No point in repeating the facts in emotinal tone

 

If you do not want to prosecute anyone and not willing to bring the matter to court then take a cup of hot milk and sleep sound.  The property is no more yours.

1 Like

Avinash Gaikwad (AVP)     24 January 2017

Sir,

I have advised the advocate to send a termination notice to the offender.  I have discussed with him and it appears legal proceeding are timing consuming and mostly tend to outweigh the efforts and money we put in, even if the case concludes in our favor. 

Notwithstanding, if anyone of you (preferably Thane area, Maharashtra) assures me of the positive outcome, I can proceed with legal actions keeping emotions aside. At least, it will help several other not being get cheated from these culprits.

 

With Best Regards;


Avinash

 

 

Pawan S (Advocate)     24 January 2017

We are not selling ceiling fans here. NO one can assure/guarantee you about the outcome.

The outcome will depend on the way you proceed & present the case.  

The property is yours. Either you can fight to get it back or else forget it.

Sudhir Kumar, Advocate (Advocate)     24 January 2017

Originally posted by : Ekta
We are not selling ceiling fans here. NO one can assure/guarantee you about the outcome.

The outcome will depend on the way you proceed & present the case.  

The property is yours. Either you can fight to get it back or else forget it.

 

 

Fully agreed.

Avinash Gaikwad (AVP)     28 January 2017

Thank you,

That’s the problem with our legal institutions; even advocate/solicitors are not confident about the outcome of cases despite in-depth knowledge of legal codes.

I believe, the advocates are the one who represent clients in the court of law and victims like me can only share the details of the case with utmost honesty.

Anyway, silence is not the solution and you have to fight and fight hard.

Pawan S (Advocate)     28 January 2017

Please do intimate us, if you find any HONEST advocate/solicitors in the WORLD who can provide 100% assurance to his/her client about any case.

Thanks for understanding our viewpoint "silence is not the solution and you have to fight and fight hard”.

Fight to get the justice. We are here to assist you from a legal perspective during the proceedings.

Sudhir Kumar, Advocate (Advocate)     28 January 2017

winning a lost right is like snatching sugarcane from mouth of elephant.  So none can asure results.


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