Cheating case against land developer who has not started work
I had purchase (registered) a residential plot from a land developer in the year 2015 and he had assured me that he will do all the development work as per corporation norm and will get completion certificate for concerned authorities within a period of 1 year so that i can start constructing house on my plot.It has been almost 3 years neither he has developed plot neither obtained completion certificates from concerned authorities.Every time I call him he tells me that that he require some more time for development of land.I want to file criminal case against him for doing such cheating is it possible ? if possible under which sections of IPC and what date should i mention in criminal complaint.?
Your cheating case can be filed immediaely. Then why late. Please appraoch any competent advocate and file.
Yes, if you can establish that he had the malicious intention at the very beginning of the transaction, to defraud you and has thereof misappropriated your money paid to the developer on the false pretext of carrying out development works and procuring the Completion Certificate, an offence of cheating can be made out under Section 415 read with Section 420 of IPC and as such a criminal case can be maintained against him.
However, in the first instance, you can lodge an FIR before the local police and thereafter move an application before the concerned Magistrate seeking directions to the Police to conduct an investigation into the matter. Simultaneously, in the event, you would like to take back your money, you can take recourse to civil remedies for recovering any money paid to the developer by terminating the agreement (if any) and filing a money recovery suit before the Civil Judge.
Kindly take note that the limitation period to file the suit shall be 3 years.
You are advised to initiate the proceedings by sending a legal notice and putting forth your claim.
Reach out to me at 7787000846 for any further clarification or assistance. Regards, Sandipan
You file private complaint under section 200 crpc read with section 420 ipc for the offence of private complaint. Please appraoch me and I will let you know the procedure or prepare the drafte online if professional fee is paid.
Hello sir , you can file a complaint at the RERA ( real estate regulatory authority ) bench or at the consumer forum .. Kindly contact in person for brief discussion over your query .. Adv Hemant Chaudhary
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