Dear Sir,
I had registered my flat to a buyer & executed the registration of the same since he wanted to mortgage the same to obtain loan from Banks against 50% of the total sale price & included a clause stating that the peaceful possession of the said property will be given on receipt of the final payment. During our transaction my Bank has shown keen interest to fund the buyer but later on they refused & he approached the other Banks which refused loan to him since he was working in Dubai, being overseas transaction, according to him, but failed to pay my balance over 6 months, finally I have sent a notice to make payment within 15 days other wise cancell the registration & take back his money with a deduction of 10% of the amount due to delay & causing financial loss to me. He agreed to pay 10% interest on the Balance amount not interested to kill the deal sought a month's time but again no payment hasbeen made.
He approached the police & filed the complaint, after verifying the facts & the delay in matter over 3 years & 6 months police refused to take any action. Finally, he approached the Magistrate Court to my dismay & shock to the legal fraternity, the Magistrate has given me for PC a day, Later on I obtained bail & the Hon'ble Magistrate of the different court room was furious on police & IO was also not present, it is being a civil kind of nature & I must not have given to PC, in place of giving C report, the police with connievance & their benefit they had wrongfully arrested & granted bail stright from court with Cash Deposit of Rs.10,000/- & a month's time to furnish 1 suriety. He observed this in his Bail Order.(Written).
Since I have not pursued to quash my FIR at HighCourt due to financial & time constraint. Now the case is likely coming up for hearing by another 6 months of time.
Request the learned councils to guide me with my following questions & even through a light how to move about it in swift & cost effective manner & I wish to sue the buyer, police for illegal arrest, mental harassement & mental agony, for compensation, when?. Can I move my Dsicharge application before my case hearing date or can submitt the same on fhe first day of trail, which will be the better option. My advocate is young guy who says either way we can do it. However, I have asked him to prepare a strong contention to be submitted before the Hon'ble Judge.
Thanks
Best REgards
Rao
