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Akshay Sonurkar (Consultant)     17 November 2011

Fraud & harassment by owner

 

Dear All,

I purchased one house by paying 1 lakh in advance to Owner and made a nominal agreement on 100 rupees stamp with some terms and conditions without paying stamp duty. Now owner sold the property and made another agreement with some another third party and also hesitating for reimbursement of my money.

1. I am having photo copy of agreement and photo copy of other property document.

2. Loan sanctioned from other bank on basis of above.

3. Many Mobile voice recording of communication made with Owner.

4. I am having mediator in this transaction who can give evidence in my favour

5. Owner is having a bad track record so far and indulges in other such activities before this.

 

I want to know, can mobile recording considered as legal evidence? And

Request you to suggest on agreement photo copy because I don't have original one.

Will the photo copy serve as firm evidence?

 

Please suggest what should I do and what approach I should follow.

 

Thanks in advance...



Learning

 3 Replies

Adv. Sunil (PARTNER)     17 November 2011

If you have really paid the amount, then why to worry about evidences etc.....

Go directly to Polce station and register complaint against that person (Owner), Police will investiagate the matter after necessary INQUIRY, he will repay the money dont  panic.

 

Alternatively you can file civil case also for recovery of amounts paid to the owner.

 

There are many other ways.....but have call in-person for further discussion.

1 Like

Adv. Sunil (PARTNER)     17 November 2011

Firstly do not ask for money directly, request him for specific performance of the agreement by sending letter/notice, if he neglects than issue him another notice for refund alongwith damages and also press criminal complaint as above

Bharatkumar (ADVOCATE )     17 November 2011

First u read a whole agreement and it's condition OR any notice give Owner / Builder to u for that if no u go to court and file a suit against Builder.


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