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Fraud against property by Real Estate Broker and Builder


11-Dec-2023 (In Consumer Court Law)
I have booked 2 pieces of Plot in Bhiwadi with the help of a Real Estate Broker and paid money-. Now it has come to my notice that the project in which I booked was a fraud project and supposedly run by a cartel between the broker and builder, who issued fake receipts for the cash paid. On pursuance, the broker issued refund cheques and took back the original receipts from me. Now the cheques are bouncing and the broker has absconded with his family, however the other person who issued receipts in lieu of cash paid is running his business in Bhiwadi. I have photocopies of receipts and allotment letter for the project. It was agreed that we'll sign an agreement once I pay 45% money, which I have paid. But now I don't have any agreement and my original receipts have also been taken back by issuing cheques. How can I get my hard-earned money back from these people?
Answers (4)

Answer #1
825 votes
File a Police Complaint against those people for cheating and breach of trust.
If police do not take action, please approach court under Section 156(3) seeking directions to the police.
File a recovery suit basis receipts and allotment letter.
File cheque bounce cases.
All cases can be filed and pursued simultaneously.....
Meet lawyer and show all documents.
If delay is inordinate then there may be complications...

Answer #2
998 votes
Hi, you need to proceed against those people in many directions, e.g. cheque bounce, criminal breach of trust etc. From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
Answer #3
524 votes
Hi..

In the scenario enumerated by you, you could very well go ahead with a consumer complaint before the relevant forum and simultaneously file a complaint under the negotiable instruments act for cheque bouncing. Additionally, you could also explore criminal action against the broker and builder for offences such as cheating etc.

Having said that, the merits of either or both of the above mentioned actions would depend on the reading of the documents especially the allotment letter and date of dishonour of the cheques issued etc.
Answer #4
690 votes
Dear Sir, This side Advocate Mohit, I have gone through your issue. for better consultation I have to read your builder buyer agreement. Request you to kindly fix a time for meeting as we have to first checkout where we have to file the complaint. In this, even the gurgaon police has taken very strict action against such type of builders. If it is suitable for you, then we can meet tomorrow at Gurgaon Court, as I have a matter there.

Please let me know.
Thanks

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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