WHETHER THIS CASE IS CRIMINAL

Querist : Anonymous (Querist) 15 October 2010 This query is : Resolved
One builder fraudulently/dishonestly induces a buyer to invest in his property stating that commercial usage of the property is possible and bank loan is available to buy the property.

On realizing that Builder has not submitted the formal approvals i.e. documents showing permission for commercial usage of the property, buyer gets frustrated and asks for refund.

Builder proposes a deduction of Rs5000/- and return of the original receipt of registration on the scheme by the buyer, and states that money shall be returned only after the new member has filled the created vacancy.

Buyer tells builder that this is not acceptable and requests for re-registration in the scheme. Buyer asks the Builder to despatch the copies of the Formal approvals permitting commercial usage of the property, such that on production of the documents, he can release further payment to buy property.

Builder cancels registration of buyer stating non-availability of Bank loan and non-payment of installment in time and refunds money after deduction of Rs 5000/- and after having used the buyer's money for over 2 months.

Buyer accuses builder for 'breach', as he had the right to verify the truthfulness of the project and that too particularly when Builder did not submit these document to the bank from whom he claimed that bank loan was available to buy the property.

Builder repeated;y abuses the buyer and intentionally insults him using filthy language over emails during business communication through the establish email ids of both the parties.

QUESTION IS WHETHER BUILDER CAN BE CONVICTED FOR CHEATING AND CAUSING INTENTIONAL INSULT TO THE BUYER ASSUMING ALL THE FACTS STATED ABOVE ARE PROVED BEYOND ANY REASONABLE DOUBT.

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R.Ranganathan (Expert) 15 October 2010
Yes, if you can prove beyond doubt the criminal intention to cheat by the builder. Mens rea has to be proved in these type of cases.

pawan sharma (Expert) 15 October 2010
yes you can file complaint in this matter of cheating.

Sarvesh Kumar Sharma Advocate (Expert) 15 October 2010
420 ,467 ipc made out

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