WHETHER REMEDY FOR BREACH OF CONTRACT DUE TO DISHONEST INDUCEMENT COULD ALSO BE CRIMINAL
Querist :
Anonymous
(Querist) 14 April 2011
This query is : Resolved
This is a case of injured party being allured into making a contract of sale of property. Seller gave a picture to the buyer that property is commercial and also told him that bank loan is available to buy this property.
However, on submission of loan application, it was revealed that seller gave a description of the property to the banker as 'purely residential'.
On repeatedly asking, seller categorically refused to forward documents of the property.
On Allotment letter, mention was made of the Restaurant, but on repeatedly asking also, seller did not give documents of formal approval of the restaurant.
Seller, against the wishes of the buyer deposits the money in the bank account of the buyer after deducting Rs 5000/-
Seller has used the money of the buyer for appx 03 months.
FIR has been lodged against the seller for Cheating, as seller contracted with the buyer without actual intention of delivering the property of promised description.
WHAT ARE THE CHANCES OF CONVICTION BASED ON THESE FACTS, IF PROVED IN A LEGAL FORUM?
Naresh Kudal
(Expert) 14 April 2011
he will be punished... you should attach a copy of FIR with this complaint.
