Fradulent sale
Pawar Pankaj
(Querist) 07 June 2015
This query is : Resolved
Respected Experts,
In 2012, I was planning to buy a Property being listed on 99 acres.com in Mumbai. The Property was Mhada redevelopment, but all the tenants of the Building were trying to convert the property into Ownership. No such procedure was completed from Mhada end, but the Building even then formed a Society, made Share Certificates, made Society letter heads, coloured the building making the Mhada sign/Logo disappear, etc.
I as an Outsider didnt knew any of this. The seller "THOUGHT", that Property was ownership due to above incidences and told me that Loan is available on the said property. He being the Society Secretary or so gave me in writing on Society's letterhead, that the Property is saleable legally.
Public sector Bank also didnt perform their Due diligence and told me that, Loan is available on the Property.
Old Custom House also accepted the Stamp duty and Registration of the Same.
The final step, Bank asked for Mortagage Lien on the same property to disburse the Loan, it was then one Chairman of the society, who told us, the Society Ownership Conversion Process was still not complete and hence it is still a Mhada Property on which no loan is available and hence, No Mortagage Lien is possible.
It took me over 2 years to recover the Stamp Duty money from Old custom House, Registration of ₹30k was nonrefundable.
The Seller returned me 70% of black money in parts over 6 months but other losses like Registration, Interest, etc was never returned by him.
He was threatening me actually (due to which, my family never allowed me as a Single Woman to file FIR), even though, it was his mistake and foolish of thinking, that Property is saleable.
He of course, sold his Property in 100% Black and refuses to reimburse my losses of ₹ 4 to 5 lacs and refuses to accept, it was never my mistake.
Is it possible to sue him and send a legal notice against him now after 3 years? What are my chances of recovering my losses in this Lawsuit? I have all the Stamp duty and Registration Documents and Society Letterhead.
Do i need to file an FIR before suing him?
Please help me to get justice and guide me through this..
R.K Nanda
(Expert) 07 June 2015
state ur name instead of dddddddddddddddddddddddd.
Rajendra K Goyal
(Expert) 07 June 2015
If you have proofs of money paid, copy of agreement etc., can lodge complaint of cheating.
Biswanath Roy
(Expert) 14 June 2015
You can claim pecuniary damage and compensatory damage from the opposite party by filing a suit alongwith an interlocutory petition for condonation of delay.
