Builder Fraud, took money promise to sell but sold to other party

934 votes

A private complaint is a legal mechanism that allows an individual to directly initiate criminal proceedings in a Magistrate's Court, bypassing the need to go through the police. The Magistrate then examines the complaint and, if sufficient grounds exist, takes cognizance and proceeds with the case. The High Court can intervene in such cases, for example, to quash a complaint if it's deemed malicious or frivolous. private complaint, when filed before a magistrate, can be handled under either Section 156(3) or Section 200 of the Criminal Procedure Code (CrPC). Section 156(3) is used at the pre-cognizance stage, when a magistrate directs the police to investigate a complaint before taking cognizance under Section 190 or 200. Section 200, on the other hand, is used when the magistrate takes cognizance of the offence and proceeds with the examination of the complainant and witnesses.

Advocate Prabu S LawRato

795 votes

You can file a complaint before the District Consumer Disputes Redressal Commission under Section 35 of the Consumer Protection Act, 2019, seeking refund of the amount paid (Rs. 15 lakhs) along with interest and compensation for mental agony and inconvenience. The limitation period to file a complaint is 2 years from the date on which the cause of action arose (i.e., from 27-10-2023 when you discovered the fraud). Additionally, you can file a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (BNSS 223) before the Magistrate Court, alleging offences like cheating under Section 420 IPC (BNS 318) and criminal breach of trust under Section 406 IPC (BNS 316), as the builder dishonestly sold the property to another party. You can also file a police complaint under Section 156(3) CrPC (sec 175(3) bnss) seeking direction to the police to register an FIR if they refuse to act on your complaint. Adv. Arjun Saravanan Rajendra Law Office LLP

Advocate Arjun S LawRato

631 votes

Yes, you can file a private complaint before the Consumer Commission for unfair trade practice and deficiency in service. Since you discovered the fraud on 27-10-2023, you’re well within the 2-year limitation period under the Consumer Protection Act. You can also file a criminal complaint before the Magistrate under Section 200 CrPC for cheating (Section 420 IPC) by submitting a private complaint, as police are not taking action. For ₹15 lakhs, your case falls under the District Consumer Commission, Chennai. As you’re out of station, you can authorize someone via Special Power of Attorney to represent you. Also approach Tamil Nadu Legal Services Authority for assistance. Do not delay, as time limits apply. — Adv. Venkatakrishnan, Apex Law Office LLP, Chennai.

Advocate Venkatakrishnan A M LawRato