Misappropriation of funds
SC Talwar
(Querist) 11 July 2013
This query is : Resolved
An FIR ordered to be registered at the instance of Metropolitan Judge at Saket Court while Police played footsie, was asked for cancellation by the Police after perfunctory investigation against a builder and accepted by court finally was pressed for revision, dismissed at the level of Sessions Judge. More than 60 days have passed to the judgment. Is there a remedy I can seek at the Delhi High Court, the case being failure of the builder to register property in my name since last 11 years due to my having gone to NCDRC for procurement of a correct instrument of transfer of an apartment, bldr trying to palm off conveyance deed, an incorrect instrument and now his refusal to give any instrument at all. Money for stamp duty is being utilised by him and I can't sell, morgage or rent out in the meanwhile.
Devajyoti Barman
(Expert) 11 July 2013
Wait till passing of judgement of NCDRC which would certainly give desired relief.
Not sure about your query regarding criminal case.
SC Talwar
(Querist) 11 July 2013
Thanks for prompt response.Misappropriation of funds case was filed 2 years back under Sec 406 and 420. Fool proof evidence exists. The builder like all others collected 13% as per their brochure as a fee towards registration at the beginning of the sale. Stamp Duty is payable@ 3.5% against conveyance deed (An illegal instrument) and 6.5 % towards a deed of apartment that is equivalent to a sale deed. I'm living in my property without any instrument of transfer with a mere possession letter besides a Buyer's Agreement which again is heavily flawed. The judge gave judgment in two parts, one favouring me wherein the bldr failed to file a Deed of Declaration as per The Act, within stipulated period of 90 days and did so in 2009 after being served a notice while the same was required to be done in 2002, at the time of sale. She and then The Sessions Judge in revision petition, however dismissed the case of misappropriation of funds having taken place.
SC Talwar
(Querist) 11 July 2013
! Dismissal of case even on revision petition on misappropriation of stamp duty for last 12 years by the builder was an erroneous judgment.
2. What should be done to
a) File a criminal case inspite of this judgment, in Delhi High Court
b) Procure an instrument of transfer from the builder, which is my legitimate right, having paid all the dues to the builder in 2002 and secured physical possession of the property? The builder has so far refused.
