Fraud in case of land allotment
Abhay Agrawal
(Querist) 04 August 2015
This query is : Resolved
Experts,
My father purchased a land of 100 sq yards from Subhash Sindhi Co Operative Housing Society in area Neelkanth Vihar, Benad Road, Jaipur in year 1994 for investment purpose. We have "Pakka Patta" and receipts of payments for the land.
When we visited to the sight this year, we found that someone has build house on our land and they have registered it also.
After the inquiry, we got to know that Mr. Kamal (Who did allocation of the land in year 1994) has changed the site map without any intimation to the buyers. He is saying that "Government did acquisition of half of the land for Army Area purpose", and he doesn't have any land to give us. He has refused to give us the land.
There are many buyers similar to me who purchased land from him and now they are neither getting their land back nor the current market value of the land.
Current market price of the land is 10 Lakh Ruppee.
Please let me know where i need to file a complaint.
If I will go by judiciary route than how much time it will take to resolve the issue.
If I will file a case than do I able to get the current value of the land in form of compensation.
Regards,
Abhay Agrawal
adv. rajeev ( rajoo )
(Expert) 04 August 2015
Builder said he has no land to give you, then how come he gave the land to another person.
You do one thing file a suit for declaration that you are the owner of the property which is allotted to you.
It can be said in the court how many days it takes.
Abhay Agrawal
(Querist) 04 August 2015
He had 5 acres of land originally at the time of first allocation. after few years as government took his 2 acre land. At that time he changed the site map and whoever went to him for property, he allocated less area thn the original mentioned in the papers. Eg. Someone has 100 sq yards as mentioned in the papers,but later when he changed the map, he allocated only 60sq yards instead of 100sq yards. Now he refuses to give land. Someone asked me to file a case in co operative division under arbitration.
Abhay Agrawal
(Querist) 04 August 2015
Also when I called him.. He said he will not give land as well as any money, whatever we want to do, we can do.. If we want to file a case thn we can file a case against him.. It will take 10-15 years to resolve.
P. Venu
(Expert) 05 August 2015
Is this Subhash Sindhi Co Operative Housing Society a duly registered Society? Was the money paid and receipt issued to the Society?
What do you mean by "Pakka Patta"? What is the status of "Kamal" vis-a-vis the Society?
rajagopal.s
(Expert) 05 August 2015
Hi
You need to urgently speak to a lawyer in your locality and file a cheating case(criminal) as well as civil case against the person who sold you the plot.
Remember, Law can help only if people can do their might to protect themselves. in your case, it will be presumed that you were sleeping for 21 years(from 1994 TO this date) and hence might be reluctant to protect you.
Go speak to a lawyer in your locality right away and file both of the suits.
Rajendra K Goyal
(Expert) 05 August 2015
You can lodge FIR against the person who has changed the plan / has sold your land without your knowledge.
File civil suit for declaration that the land, the other person has built the house, belong to you.
Abhay Agrawal
(Querist) 05 August 2015
Sir,
My father purchased that land from a person who was the brother-in-law of my cousin brother. So it was the matter of trust we had in that person, so we never thought about to visit the site. But now we want to sell it so i visited the site.
At the starting, Mr. Kamal was not telling any issue regarding the plot, but last 5-6 years, He told the issue. Whenever my father called Mr. Kamal (Seller) regarding the plot, Every time he gave following excuses -
1. Govt has taken 2 acres of the land from 5 acres in form of "ARMY Area" and govt has not given any compensation to him.
2. There is high tension electricity wire line passed from our land, so no residential house can be made on it.
3. Also, he said that few people had occupied the plot so we couldn't able to release the land.
When he changed the map, he also changed the plot number. our plot number was 41 but when we visited the site there is two small small plot numbered 41A and 41B instead of one complete plot.
Recently I am in talk with Seller, Sometimes he says he will give another land, sometimes he refuses to give land. Recently when my father asked the address for the meeting, he abused my father and me very badly. Today, I asked for meeting, he said he is out of the town.
At the time of changing the map, Seller didn't tell buyers about it and without any intimation he changed the map, and reduce the size of the plots from 100 Sq yards to 50/60/80 Sq yards.
Abhay Agrawal
(Querist) 05 August 2015
There was a news date may 24, 2009 regarding the fraud in jaipur city, in which subhash sindhi co operative housing society name was also present.
http://timesofindia.indiatimes.com/city/jaipur/Rs-80-cr-real-estate-fraud-in-city/articleshow/4570619.cms
Abhay Agrawal
(Querist) 05 August 2015
Venu Sir,
Yes this subhash Sindhi Co operative housing society is registered with registration number 1588/L.
Mr Kamal was the coordinator (Ankush Holdings) of the event of allocation lands with Subhash Sindhi Co Operative housing society.
On the allotment papers and payment receipts, Signatures of Coordinator (Mr. Kamal), Society president (Mantri) and Other members (Adhyakash) are present.
Ankush Holdings and Shubhash Sindhi Co Operative Housing Society has been written on Allotment paper as well as payment receipts.
I have checked on Jaipur Development Authority Website, Fraud cases has been filed against this society previously.
Should I file Arbitration Case in Co Operative Court?
