suresh (prop) 07 November 2012
hi,
One developer sold a site to me 10 years ago. I did not verify the encumberance then. Recently , i came to know that the same sote was sold by the same developer to someone else before me.
Is there a criminal procedure for this cheating?
civil case may not help me much because i am the second to buy and the value at that time was only 30000/- ( current price is about 12lak
Please help
holla
surjit singh (Assistant) 10 November 2012
It is clear case of cheating and is a criminal case. In a civil case you can only go for recovery of the paid amount along with any compensation which you claim. Go for a criminal case along with a civil suit for recoery of amount and compensation. If you do not go for criminal case there will be no pressure on the developer.
Sudhir Kumar, Advocate (Advocate) 11 November 2012
in civil court you will be partially guilty for not checking the title.
Agreed with Mr Surjit Singh I will add that even if you are negligent the criminal law does not allow other party a license to cheat you.
suresh (prop) 15 November 2012
Thanx,
can both civil and criminal case be filed simultaneously?
holla
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