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Fraud, Cheating and non payment of final O/s

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Fraud, Cheating and non payment of final O/s

Last updated: May 8 2012
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  • Fraud, Cheating and non payment of final O/s

    Hi all,

    I reside in Delhi and have a flat in Mumbai - wanted to sell it to a buyer.

    The buyer after paying a part of the sale amount(Dec2011) now is stalling paying full payment and has been evading meeting me or paying the full and final amt for over 3 months.

    We had an Agreement to Sale for the flat which states the sale is complete if all payments are realised and full final is received ....this has not happened and twice cheques have bounced.Cases of which have been filed.

    Behind my back he has made a an Agreement to sale with another party who has taken over possession of the flat.

    In feb. I was able to get in with him and told him that I want to reverse the Agreement to Sale or you pay what id O/s

    He has been stalling til now and says he will pay with a Draft but I have little hope of him paying up or seeing the money.

    I want to know what are the Legal options to get my flat back - goign to the police to file a complaint or taking their help is not bearing nay results as they say it will be decided by the court now.

    Any suggestions or help will be appreciated.
  • #2

    #2

    Re : Fraud, Cheating and non payment of final O/s

    Originally posted by gsinghindia View Post
    Hi all,

    I reside in Delhi and have a flat in Mumbai - wanted to sell it to a buyer.

    The buyer after paying a part of the sale amount(Dec2011) now is stalling paying full payment and has been evading meeting me or paying the full and final amt for over 3 months.

    We had an Agreement to Sale for the flat which states the sale is complete if all payments are realised and full final is received ....this has not happened and twice cheques have bounced.Cases of which have been filed.

    Behind my back he has made a an Agreement to sale with another party who has taken over possession of the flat.

    In feb. I was able to get in with him and told him that I want to reverse the Agreement to Sale or you pay what id O/s

    He has been stalling til now and says he will pay with a Draft but I have little hope of him paying up or seeing the money.

    I want to know what are the Legal options to get my flat back - goign to the police to file a complaint or taking their help is not bearing nay results as they say it will be decided by the court now.

    Any suggestions or help will be appreciated.
    File a Criminal and Civil court Both together.Also File a FIR Giving Physical possesion of Flat was a mistake untill full payment is realised

    Comment

    • #3

      #3

      Re : Fraud, Cheating and non payment of final O/s

      Tx for your reply.

      Now in cases like this what would be the time frame of a resolution?

      Some say 6 months some say 10 yrs .. ??

      Is there any particular fixed time frame for a case like this or it all depends on the Judge/court / lawyer.

      Regards

      Comment

      • #4

        #4

        Re : Fraud, Cheating and non payment of final O/s

        You mean, you gave posession before you received the complete payment?

        What your own agent saying?

        Comment

        • #5

          #5

          Re : Fraud, Cheating and non payment of final O/s

          You should file case under CrPC154 for checks bouncing and try to get a unbailable warrant issued for arresting him....i think he will pay up once that happens!

          although, things look more easy in the hindsight but how did you manage to make a sale agreement without mentioning the upper limit for completing the transaction...generally its 3 months..6 months tops..after that period, if the buyer does not pay up, then u are allowed legally to forfeit entire money and go for a new agreement...

          Comment

          • #6

            #6

            Re : Fraud, Cheating and non payment of final O/s

            Have you registered the flat in buyers name? If not, there are 2 ways --
            1)Legal way- file a report in local police station, hire a good civil lawyer, serve the notice and still he doesnt gives your flat back, file a court case. Court case may take around 2 to 3 years.
            2)Desi way - Find a good contact in mumbai, pressurize this guy, may offer some good money to "contacts" and get it done in one day.

            If registry is done, hard to get rest of money.

            Comment

            • #7

              #7

              Re : Fraud, Cheating and non payment of final O/s

              Looks like this party of yours could be a broker.

              How the heck did he get(or you gave him) the possession w/o getting the complete payment?

              Also, from where did you make the agreement of sale and there is no time frame for the deal to be null if buyer doesn't bring all the money???

              Comment

              • #8

                #8

                Re : Fraud, Cheating and non payment of final O/s

                Tx for all your replies and queries

                Yes I have mucked up big time but now need support and advice .

                The flat is mortgaged to a Bank titles are with Bank

                I pay regular emi for it.

                recd part payment on Agreement of Sale which was registered with Sub registrar office in Mumbai.

                Agreement has no clause for time of lapse but states Subject to realisation of chqs.

                Tried Police compl. they refused saying it was civil matter. Tried criminal refused again.said court tells us we shall investigate.

                Chqs defaulted a time back while searching for him in Mumbai so cant file chq bouncing(time barred) case but have Bank Statements proving the same.

                Tried physically finding him but he vanished to re surface on and messges only.. in touch still promises to pay but Have my doubts.Says he is outside city and not keeping well .... lies and more lies.

                The possession was handed on good faith as he wanted to renovate which he did for a bit.

                He owed 3rd party money 3rd party pressurised him - he T/f the Possession to him with out informing me which I got to know much later.

                Society needs to give NOC which they did not or Share certificate which they dont have till date.

                I feel broker cops/society and buyer are hand in glove.

                Deal was made in good faith taken for a ride on that grnd.

                I dont have possession.

                3rd Party ppl are living there.

                Need good lawyer ref who has experience - can deal this professionally & resolve all matters in my favour.''

                What are my chances of getting my hard earned flat and monies?

                Tx all.

                Comment

                • #9

                  #9

                  Re : Fraud, Cheating and non payment of final O/s

                  Looks like a big mess up . U have scre*ed yourself, big time here .


                  U need a good lawyer ASAP .
                  Please read IREF rules | FAQ's

                  Comment

                  • #10

                    #10

                    Re : Fraud, Cheating and non payment of final O/s

                    Yup, you should have never given possession, just on faith value.

                    You also need to take care of some of the things like bringing eviction notice for 3rd party and something like non-bailable warrant kind of thing for your buyer.

                    You can also work with the lawyer on contingency basis(this could cost you more), in case he helps your case getting settled within certain time frame. This will atleast help you get a good lawyer who is also working fast for you.

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