Fraud/Cheating.
Querist :
Anonymous
(Querist) 20 July 2011
This query is : Resolved
Sir,
Some of our friends bought sites formed by a gentrleman who developed the land he bought from one Ms. Lakkamma, residing in Kengeri Hobli, Bangalore. Ms. Lakkamma and her sons and daughters, sold and conveyed the landed property in survey No. 164/3 and 164 by executing GPAs dated 12-04-2000, 09-10-2001 and 15-12-2004 to the developer and also executed an affidavit, an agreement of sale in full and final settlement.
With due consent of the GPA executors, the developer formed a lay out, in the above Sy. Nos, in the name of PRASHANTH ENCLAVE, made 30 x 40 sites and sold it to us. After seeing the development, made by the developer, Ms. Lakkamma with a malafide intention has made a Gift Deed to her eldest son on 20-04-2008 and has made attempts to resell the property to a third party, which is totally illegal and is a fraud. Any of our members who want to construct their houses in their sites are threatened and driven away from the site.
Due to this problem and because of the pressure put on the developer by the site owners, he has filed a suit against the above members in the City Civil Court at Bangalore for relief of permanent injunction restraining the above members or their agents or anyone acting on their behalf from interfering or meddling in any manner with the site owners.
We all have registered the Sale Deeds and Paid the taxes upto date with the Sub-Registrar's Office.
Question is whether we can ask the developer to file a
CRIMINAL CASE and get this problem sorted out early as the civil case will take a long time. If so what procedure is to be adopted?
Sajeev Menon
(Expert) 20 July 2011
You can file a complaint before the concerned police station and the higher authorities to file a cheating case. Publish these matter in some media like news papers and television to get the public attention since you are not the only person cheated but as a group by forming a group of agrieved party. If police not taking any action you can approach the court with a private complaint since it a clear case of cheating, the intention and motive is very clear to cheat for the purpose of making money.You can also add the builder as a party either with you or as the opposit party, depends on the stand he takes.
Raj Kumar Makkad
(Expert) 20 July 2011
Te ultimate solution vests in civil court though it may take a long time for disposal of matter. Criminal proceeding can simultaneously initiated as advised by Menon.
Querist :
Anonymous
(Querist) 20 July 2011
Dear Mr. Menon and Raj Kumar Makkad,
Thank you very much for the clarifications. We will discuss and take action accordingly. One more clarification- Do we hae to take the permission of the City Civil Court to file a criminal case or we can separately file a Criminal Case ?
Thanks and Regards.
prabhakar singh
(Expert) 20 July 2011
you need no permission of any one as both civil and criminal proceedings may go on side by side.
