Misrepresentation/ fraud

SAMIR SHAH (Querist) 31 October 2015 This query is : Resolved
1.WHICH ARE THE SECTIONS UNDER WHICH I CAN
FILE A CRIMINAL CASE FOR A MISREPRESENTATION
BY THE PARTY.
2. FOR BREACH OF CONTRACT.
3. FOR FRAUD

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Guest (Expert) 31 October 2015
Please discuss the background history of the case for appropriate guidance. Academic query has no relevance, if you really have any problem.

Rajendra K Goyal (Expert) 31 October 2015
Academic query / seems exam question.

State facts if any.

SAMIR SHAH (Querist) 31 October 2015
I HAVE ENTERED INTO MOU FOR PURCHASE OF FLAT WHERE I AM BEING STATED THAT THERE ARE NO LIABILITIES PENDING ON THE SAID FLAT AND THE SOCIETY HAS ALSO ISSUED A NO DUES CERTIFICATE. GOING THROUGH THE RECORDS WE CAME TO KNOW THAT THERE IS A LIABILITY OF AROUND 3 CR ON THE SOCIETY TOWARDS MUNICIPAL PROPERTY TAX AS THE SOCIETY WAS NOT COLLECTING THE PROPERTY TAX AS PER MUNICIPAL RECORD IT WAS COLLECTING AS PER THE OLD RATES PREVAILING 10 YEARS BACK. THE PARTY KNEW ABOUT IT BUT HASN'T INFORMED US. SIMILAR IS THE CASE OF STAMP DUTY. SOCIETY DOES NOT HAVE A PROPERTY CARD IN ITS NAME AS THE STAMP DUTY OF RS.43 LACS IS PENDING SINCE 1999. THE PARTY IS NOT GIVING MY EARNEST MONEY BACK AND SINCE THIS IS A MIS REPRESENTATION I WOULD LIKE TO FILE A CRIMINAL CASE. HENCE PLEASE DO GUIDE WHICH SECTION SHALL BE APPLICABLE. THANKS FOR YOUR INTEREST SHOWN TO REPLY MY QUERY.

SAINATH DEVALLA (Expert) 31 October 2015
File a private criminal complaint against the seller and the society as well u/s 156(3) crpc. If U file a criminal complaint with the police I don't think they will respond favourably.This is my opinion

Anirudh (Expert) 31 October 2015
When did you enter into an agreement to buy the flat?

Whether the Seller is willing to register the property in your name or not?

Sudhir Kumar, Advocate (Expert) 01 November 2015
please read s/415 IPC.

Dr J C Vashista (Expert) 05 November 2015
1. The society is not a tax collecting agency of municipality and nothing to do with outstanding property tax. It is individual owner to opt to pay or not to pay to the municipality.
2. It is the duty of the vendee (purchaser) to verify and get it cleared before execution of sale deed. However, you can recover it subsequently if there is some amount outstanding for the period when the vendor was owner-in-possession.
3. The society can check whether the member has to pay any amount (dues) for the member and shall have to issue No Dues certificate (on demand by member)if the member has cleared all its (society) dues.
4. Contact and consult a local prudent lawyer for proper analysis, guidance and proceeding.

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