pradeep kumar (home) 10 May 2013

Cheated in property case

Sir,

I had purchased 02 floors in a freehold property of 32 meters in Rohini. The person who has shown us papers of the land in original and deposited them with us and also got some agreement to sell the property to us. however the property is in the name of her maternal aunt. He has submitted some Bayana agreement with us but on verification, they were found to be fake. However, before the verification we have already deposited nearly 42 Lakhs with him.

The person after much reluctance got the registry for 1st floor done by her maternal aunt on 01.07.2012 and told us that the registry of 2nd floor will be got in some time, we believed him.

But now, more than a year has elapsed he did not get the registry done, however original land papers are still with us, but in the meantime we got a notice from Punjab National Bank that the 2nd floor of the property is mortgaged with them and the person(the same person who has taken 42 lakhs from us) is not paying the loan back to the bank, and they have send the notice under SARFESI Act, accordingly we have filed a appeal with DRT, but the problem is that we are not the owners of the property.

We immediately contacted her maternal aunt that since he has taken so much money from us and he is not getting the registry done and moreover he has taken loan from the bank. She imediately retaliated that she not aware of all that and she will lodge an FIR against him, but since than 07 days has passed but she still not have lodged any report and it seems she is also party to the fraud.

Meanwhile, when we appraoched the person home and sought for registeration, another person employed in the Delhi Police as Constable appeared and give us post dated cheque of Rs.32 Lakh that he will give us guarantee in writing that the person will get the registry done in one month time or he will pay the sum

But, the above promise was also fake and the cheque also bounced on 03.05.2013.

Sir in view of the above kindly help me, I am feeling very distressed and my life saving is at stake.

I am getting suicidal thoughts, how I can same my hard money kindly advise.

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3 Replies

rahul (director) 10 May 2013

go for cheque baunce case under NI act 138

LegalArrow ( Advocate Bangalore) 10 May 2013

Since The Cheque has bounced, u immeditaely have file the cheque bounce case, without any further delay( u/s Section 138. , the notice has to be sent within 30 days from the recipet of return memo, then 15 clear days notice has to be given from the date of recepit of acknowledgemnt of aforesaid notice, then within a further period of 30 days, a PCR has to filed before the jurisdictional magistrate). these conditins have to be mandatorily complied with, else ur case will suffer.

Simulatenously u can also file a criminal cheating caseu/s 415 & 420 of the IPC.

Contact a local advocate pay him good fees, Take Heart and hope the matters wil get resolved. Suicide wil be of no avail, it will only help ur perpetrators to gain more.