Fraud by builder with police bribed by him

[ANJALI anjalii]

A is the owner of the property who enters into a collaboration agreement with a builder B to get it constructed and in lieu B will get one floor, which he can sell to anyone. Meanwhile,the sale deed not yet executed, a party C purchases the said floor through dealer D.
Full consideration is paid by the party C in due time to B and D. However, their intentions are not good. They keep ignoring party C’s calls to get the sale deed in his favour. Somehow, getting suspicious C gets to know that the sale deed of the floor has already been executed in favour of a new person.
Now, what should C do..B and D are saying their collaboration was verbal. How does it help them in getting away the crime?Was A the competent authority to sell ..Legally A should have transferred to B and then B selling to whoever he wishes..

[Dr. Ashok Dhamija]

I cannot reply on the detailed facts of the case, as to who is responsible and who is not, without having seen the detailed documents / facts of the case. But, I may point out generally that if a flat has been sold by misrepresentation of facts and with dishonest intention, as you have stated, then it may amount to an offence of cheating under Section 420 of IPC. If the police is not taking action on such complaint, then that is not the end of the matter; you can approach the Magistrate under Section 156(3) of the Cr.P.C. to direct the police to investigate the case, or else you can file a private complaint in the Magistrate court and prosecute the accused yourself.

You can also file a civil suit against those responsible.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[ANJALI anjalii]

Thank you so much Sir for taking out time to reply..The FIR was registered a year back and now chargesheet has been filed..The crime was committed 5 years back..Pertinent to note here is that the highest level of Police officials had to intervene..The builder is a very influential person..He has duped many people..no one comes forward..Because this person has totally ruined our lives..I am in no position to go out to work and live a safe life..can’t even afford lawyer’s fees..Sir, I am genuinely looking for guidance..I want to now oppose his bail in the court first..He will surely look for protecion under Sec 88 since he has not been arrested during investigation purportedly by police..If you could pls give little guidance..
And, regarding my previous query..The point is IO was asked by magistrate why he has not arrested the accused..he said there are no grounds..since the agreement between the builder B and the original land owner A was verbal..I am the party C here who has given all consideration amount..which they have denied..ANd they sold the floor to another party..Sir, please help..

[Dr. Ashok Dhamija]

I have already replied to your queries. In your first question, you should have mentioned that not only FIR is filed but even charge sheet has also been filed.

Nowadays, provisions relating to arrests have been made strict by amendment of law in 2009/2010. Power of police to arrest have been curtailed.

As I explained earlier, we cannot reply on the detailed facts of an individual case. You have to consult some local lawyer if you do not have the expertise yourself and show him all relevant documents.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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