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Stephen (Sr. Technical Writer)     04 March 2013

I have been cheated by the buyer of the property

Hi

I am just pasting the complaint that I had given to the police station about the situation I am going through. Sorry it is lengthy but pls read it and give me the best remedy that I can follow.

 

 

I, the complainant wants to bring to your notice that how I was cheated by Mr. Vinod Gaikwad Mb. 9960602754, who in pretext of buying my house situated in Survey No. 90, Anand Park Dhanori Road Pune 411015.

 

Aforesaid, Mr. Vinod Gaikwad and I decided to get into an agreement in the sale of my property. We agreed that Mr. Vinod Gaikwad will buy my property for Rs. 18,00,000/-. As discussed he was supposed to pay me 6,50,000/- as a token and the remaining amount of Rs. 11,50,000/- in easy installments of 10,663/- for 23 years as decided. At the time of the deal we had made Visar Pavti with all the terms and conditions of the deal, it was clearly mentioned in the Visar Pavti that incase Mr. Vinod Gaikwad fails to follow the terms and condition and wants to cancel the deal he will be paid 50% of the token amount and he agreed for the same.

 

Mr. Vinod Gaikwad gave checks of 6,50,000/- out of which the amount of 6 lakhs got cleared and the check of 50,000/- returned back due to insufficient funds. I immediately called Mr. Vinod Gaikwad asking him to pay me Rs. 50,000/-, he asked me for more time and assured me to pay the money after a week’s time. I had to call him 10 times after a week and he started making reasons that I will pay the amount at the time of Sale Deed. I agreed with it understanding on the grounds of humanity. He didn’t keep that promise of paying me Rs. 50,000/- remaining from the token amount. Now the house has been transferred in his name and when I asked him for the remaining amount he said forget everything I will not pay you a single amount and do whatever you want. I told him that I will be going to the police station he said go anywhere I am not afraid of anyone I have beaten many policemen. Now he is not even answering the calls. The agents who introduced him to me are           Mr. Mahesh Thorat Mb. 9922789937 and Mr. L.D. Kamble Mb. 7350003109, I called them and told to contact Mr. Vinod Gaikwad and ask him to pay my dues, they said that he is even not answering their call and also have not paid their commission for the deal.

 

Sir, I am really in a very big financial problem and that’s the reason I had sold my house so that I can solve the financial issues and then buy new house if everything becomes normal. I have been cheated and want’s justice from you. Sir, I have full trust on the law system and know that you will do your best to catch this cheat and punish him. Please Help.



Learning

 3 Replies

vipin (Internal Auditor)     04 March 2013

I would like to know which documnts required to transfer to propery from one person to another person. I meant to say from old buyer to new purchaser.

Stephen (Sr. Technical Writer)     04 March 2013

I have transfered the house to him by the Sale Deed the house is in his name now but I have a notorised Payment schedule been made separately with all the details of the transaction written in that. The cheater has also signed in that with acceptance

Advocate Kishor Hajare (Advocate)     05 March 2013

Sir,

How would you done registration of your property before receipt of entire agreed consideration?

Whether you have handed ove the possession of the property to him and whether he is occupying your property?

Kindly note that, your doubt will be cleared on the neat perusal of the documents executed by you and him.

Is there any condition precedent to the transfer of possession and/or completion of sale mentioned in the sale Agreement?

It is also pertinent to note that, if there is such condition precedent exists in your sale agreement with respect to completion of sale/tranfer, assign of ownership rights of the said property subject to the entire payment of consideration, then you can file suit for declaration, wherein you can pray to the court for declaring such sale deed as illegal and null and void on account of failure to perform covenants by the purchaser mentioned in the sale Agreement.

My advice will be kindly engage a advocate and take his assistance.

 

Regards

Kishor Hajare/hajare.kishor@rediffmai.com/9930647734


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