Purchase of plot on installment basis
Rajaram C Iyer
(Querist) 25 October 2008
This query is : Resolved
Dear Ld Advocates and friends,
I reside in Delhi. I entered into one agreement with one party who came with an offer to sell plot situated in Coimbatore on installment basis. I have been paying all the installments by cheque for which I have proper receipts from the company. The cmpany has acknowledged the same in writing also. there is one agreement which briefly indicates the location, district etc but does not mention the plot details. In fact I asked about this but the company told me that we will give the detials once you finish the installments.
Now I sent one letter requesting them to tell me the balance amount and register the plot. I also met the representative here in Delhi who said that due to some reasons we will not be able to give the enitre promised area but there will be some cut. I vehemently refused to accept the proposal.
the reason for doing this is because of the rise in price of the plots. The booking amount was Rs.2.25 Lakh but now its more than 8 lakhs.
Do I have good reason to file a criminial complaint. i.e cheating or do I have to file Civil Suit at Coimbatore.
Pleas advice
Srinivas.B.S.S.T
(Expert) 25 October 2008
You can file a criminal complaint for cheating as well as you can file a consumer complaint for either recovery of your amount or for your plot. My humble suggestion is from now onwords think twice before investing in ventures like this.
K.C.Suresh
(Expert) 26 October 2008
SW.420 IPC for cheating is attracted. Civil remedy also is available.
J K Agrawal
(Expert) 26 October 2008
Sir
You can file a civil Suit for specific performance of contract, Consumer case, a Criminal complaint can also be filed. The civil suit is maintainable where the property situates whereas consumer complaint and criminal complaint can be filed at Coimbatore of Delhi. All the three actions can be taken simultaneously at the same time. One more remedy you have that if the vendor is limited company you can avail remedies in Company Law also.
