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Promoter took full money for a flat but gave the flat to other person.


07-May-2023 (In Criminal Law)
1)A Promoter (sole proprietorship) took full money for 1st floor flat in 2014/2015 based upon agreement for sale. The Agreement was not registered as I trusted the promoter.2)Per Development Agreement (G+4,lift,car parks,each floor has one flat) the Promoter had 'Power of Attorney' (PoA) from Land Owner & was supposed to give 2nd floor flat & some money to Land Onwer.3)Promoter cheated me by giving the possession of My flat to some other person in Jan 2019.Promoter became sick in late 2019.4)A criminal case & FIR (u/s 120B,406,420 of IPC & 156) was filed against promoter & occupant in July 2020.Promoter died in DEC 2020.5)Promoter also cheated the Land Owner.Land Owner filed a civil legal suit & got injunction on whole property (all floors/flats).6)Promoter's sons & wife have taken the ownership of sole proprietorshipQ1: Since the promoter took money from me based on the capacity of PoA given by Land Owner, can the Land Owner be also included in the criminal case/charge sheet.
Answers (3)

Answer #1
768 votes
As per your query in law rato, yes you can file a case in consumer forum against the promoter and ask for possession or refund of money from promoter's wife and son and also against land owners. You pray for delay interest along with compensation and interest.
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Advocate Subhankar Sanyal

Adv. Subhankar Sanyal

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Answer #2
680 votes
criminal case is possible only if there is an element of conspiracy not otherwise since criminal liability is individual specific. hence the PoA per se will not make the land owner criminally liable without anything more. in any case civil remedy can be enforced against the land owner in the absence of the land owner. even the legal representative of the landowner can be impleaded.
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Advocate Tanmoy Chattopadhyay

Adv. Tanmoy Chattopadhyay

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Answer #3
758 votes
you can but you need to show proof that he was in collusion with the promoter. yet again there is in all POA that the attorney holder shall not do any illegal or immoral activity. your main accused persons shall be the promoter or in this case his legal representatives. the land owner has also been cheated so he has every right to claim injunction over his property
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Advocate Soham Sur

Adv. Soham Sur

LawRatoKolkata | 100+ Answers
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