Defrauding/Cheating on Property Purchase
Dr. S________
(Querist) 05 July 2009
This query is : Resolved
I am a British citizen of Indian origin. I went into an agreement to sell my family house in Delhi and received token money/biyana. I asked my relative “A” to act as my agent to find my house in Noida, which he dealt with the help of his friend and property dealer “B”. On asking for his commission, he said it would be a “cup of tea”.
In August 2008, I agreed to buy a property in Noida, through A and B, and verbally agreed the price “X” and biyana in the sum of “Y”. I left for the UK on the same day. The next day, A and B sent 2 men to get the cash Y from my brother who rang A who confirmed to give the sum Y and promised to send the written agreement the next day. My brother followed these instructions. The deal was to complete on 30 Oct 2008.
I kept asking A to give the written agreement to me but he always postponed on some pretence, until recently. Following this, due to the credit crunch, my buyer could not come up with remaining consideration to complete the deal. As a result, I am also unable to complete the deal on the property in Noida.
I was still trying to get a written agreement from A at this time. He said that this agreement is in “safe keeping” with his friend B and that if I insisted on getting this he would not help me in this matter any more.
Later, A said that I had to pay at least 4 times Y to get the written agreement. He also said that he had to pay several Lacs from his pocket to get the extension done in order to complete the deal. With much agro, he gave me a photocopy of the agreement in which the property was not bought in my name but in the name of B (property dealer). I was never told about this. Also, the purchase price on the agreement was almost 30 Lacs less than agreed with me (30 Lacs less than X). The token money, however, was 51,000 Rs more than agreed (51,000 Rs more than Y).
I feel that A and B have been co-conspirators in cheating and defrauding me. I live in the UK. What should I do?
A V Vishal
(Expert) 05 July 2009
Dear Dr.S........
You need to consult a good lawyer in India and initiate the proceedings at the earliest. Your personal presence is required till the case is filed since there are too many complications in the case, which cannot be disscussed in detail and in lenght at this point of time.
Manish Raghav
(Expert) 06 July 2009
Hi, S
there are both civil and criminal remedies available in your case , but sine it involves lot of intricacies , it has to be discussed at length with a lawyer. pls contact some good lawyer for your help.
PALNITKAR V.V.
(Expert) 06 July 2009
You should file a complaint of cheating, misappropriation and fraud. The offences are cognizable. You can also file suit for recovery of money. Suit for specific performance of sale of the property in your favour may not be advisable.
Guna Shekaran R
(Expert) 06 July 2009
Dear Dr.,
You can file a criminal complaint against the cheaters before the commissioner of Police at Noida, who in turn forward to Crime Cell/CBCID who deals with these type of property fraud cases. Where in your presence may not be required frequently. It is better to file a private Case before the magistrate court also.
R.Guna Shekaran
Lawyer
9845119988
Dr. S________
(Querist) 06 July 2009
Thank you for all your help. I would also like to ask additional questions regarding this:
Can you please tell me
1.if I can register FIR in UK, my country of residance or I will have to go to Delhi for this.
2. If there is any use of sending legal notice to A & B at any stage. If so, when and if there is any advantage of sending legal notice from UK ?
Is there a time limit for registering FIR and sending legal notice or taking legal action ?
3. Being British Citizen, will I be treated differently. Can Foreign Office/media (ie NDTV) Help?
4. Can I take legal action in UK ?
A V Vishal
(Expert) 06 July 2009
1.if I can register FIR in UK, my country of residance or I will have to go to Delhi for this.
I think it is not possible to file it in U K, however, you may file it at Delhi.
2. If there is any use of sending legal notice to A & B at any stage. If so, when and if there is any advantage of sending legal notice from UK ?
This infact is the first step before initiating action viz filing FIR, you complaint can be based on the reply of the defendant.
3. Being British Citizen, will I be treated differently. Can Foreign Office/media (ie NDTV) Help?
No, being a foreign citizen doesnot make a difference, until you doubt that somethin could be tampered.
4. Can I take legal action in UK ?
No, the offence has occured in India, hence you need to proceed legally in India.
