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kishore kumar   27 September 2024

cheating by broker

A property broker showed me a plot and showed me the purchase agreement made with the registered plot owner.

On the basis of the right to sell the plot in that agreement, the broker signed a contract to sell the plot to me on a stamp paper of Rs. 1000. I signed the contract by paying an advance amount.

Now I have come to know that half of the plot has already been sold by the registered owner, and the broker has signed a contract to sell the entire plot to me and has taken an advance from me.

Please tell me whether

(1) I should take action against the broker or the registered owner?

(2) I have paid money to the broker who signed the contract, so will I have the right to take action against the registered owner?

(3) If the broker says in court that I also came to know about the half plot later, will he be saved in the case of fraud committed against me?

(4) How can I compensate for my loss?

Thank you.


Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     27 September 2024

  1. If you have been cheated by anyone, then you can take action against the cheater.
  2. You have given money to broker which was passed on to the owner, hence you can take action against both for colluding  with each other to defraud you. 
  3. The court will decide on the basis of the documentary evidences.
  4. You can file a civil suit also for claiming your loss.

kishore kumar   27 September 2024

Thanks a lot for your valuable advice.
My confusion and apprehension is that if I take action against the registered owner then he will say that he does not know me, he neither made any contract with me nor took any money from me, so how can I make him an accused?
Thanks

T. Kalaiselvan, Advocate (Advocate)     29 September 2024

You have been advised to take legal action by giving a complaint to the police against the cheaters, you should confine to that decision, if the accused is giving a reply or denying the same, it is his problem, that can be tackled accordingly, you cannot expect answers to your imaginary answers from the opposite party in this regard. 

Be practical while you are asking some questions instead of stretching the thread with your imaginary questions. 

 

kishore kumar   29 September 2024

ok, Thank you very much Sir.

P. Venu (Advocate)     18 October 2024

A very very good question paper!

kishore kumar   18 October 2024

it's a real case and I m Fariyadi.

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