Cheating by a realtor
R.Ramesh
(Querist) 05 December 2013
This query is : Resolved
A Realtor formed a layout on 2 acres of converted Municipal land during 1995. sold 26 sites under regd.sale deeds. During 2002 secretly pledged this 2 acres of land, giving separate site nos, to a pvt.bank on the basis of RTC/Mutation, for a loan and intentionally became defaulter.Bank, colluded with him auctioned the plot. The bidder,another land-mafia, bid and the proceedings approved by Registrar of Co-operative Banks. The issue is before the Honble court.
In this connection, I tried to retrieve all the documents submitted by this cheater to the pvt.Bank,under RTI Act. The Bank refused to furnish the copies of documents, stating that the bank is not covered under RTI. Since the documents submitted by this cheater is of very important nature, could anybody help me by suggesting other alternate way to retrieve the copies of documents from that bank?
Kindly help me.
Regards, R.Ramesh
Devajyoti Barman
(Expert) 06 December 2013
Bank is very much covered under RIT Act.
Cheating is a criminal offence. If you lodge complaint and FIR is registered then Police would collect all the necessary documents.
R.Ramesh
(Querist) 06 December 2013
Thank you very much Mr.Barman. Infact, I had lodged a police complaint & FIR registered during Dec.2011 and hon'ble court had ordered the culprit to appear before the court,but since he is absconded, I heard an arrest warrant has been issued and the case will be on 24th Dec.2013.
My question is, whom should I approach for the copies of documents,which are in the custody of the bank.
Kindly suggest me.
Regards,
Ramesh R
Rajendra K Goyal
(Expert) 06 December 2013
File an application to the court that the necessary evidence and documents with the Bank may be destroyed. The police may be directed to take possession of the same.
Devajyoti Barman
(Expert) 06 December 2013
Apply to court for direction upon police to do the necessary investigation including collection of documents.
Raj Kumar Makkad
(Expert) 06 December 2013
I do agree with the experts hence no more to add.
R.Ramesh
(Querist) 06 December 2013
Thanks again Mr.Barman. Infact,I had written twice to the concerned police Inspector to investigate and confiscate the documents submitted by this cheater realtor,from the bank, but received no reply from the Police Station! Now, as you suggested, I will pray Hon'ble Court to direct the Police to collect and produce the documents before court.
As a senior citizen, without my fault, I am running around to safe-guard my hard earned property. I feel depressed spending my pension money at all stages.
With due respects,
Ramesh
T. Kalaiselvan, Advocate
(Expert) 07 December 2013
The same aspect that you are a senior citizen and you are made to run from pillar to post for no fault of yours may be pleaded in your petition seeking direction to the bank authorities to produce the said documents; besides you file a mandatory injunction suit in civil court restraining the accused from further alienating the properties so that you may not suffer any more damages.
Devajyoti Barman
(Expert) 07 December 2013
You can go to high court as well in Writ jurisdiction against police inaction.
