Cheated by property builder
My father booked flat, at mira road side in year 2013 January, as an investor in cheque 8 lakhs. In his agreement it is written that after 6months if he does not start construction , we will refund the money back with 1.5 % interest per annum. In 2016 June we went to his office his sales person replied at present we don't have money we will give after 1 year, but that time he told to return the documents, in return told to sign agreement that u are surrendering your flat that means on paper I will give u interest for only 2yrs. We said okay but on August 2017 he didn't deposit any money. So we went at his office 4 times last he said I don't have money you have to wait for another 6 months. We had arguments . Last he told do what you want. So please tell what should I do.
You can file a criminal complaint against the builder with relevant evidence to prove your case. Go the the police station having jurisidiction of the case and file FIR under section 154 of CrPc 1973 for cheating on part of the builder. Relevant sections are put below for reference:
Section 420 in The Indian Penal Code
420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 415 in The Indian Penal Code
415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. Explanation.—A dishonest concealment of facts is a deception within the meaning of this section.
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