Fraud again property
5 years ago
Overview-my father in law (current 67 age) has booked few plot in Nagpur before 12 years and he has played almost all money to builder/property dealer. As a proof builder has given some fraud document with some matter on 100 RS stamp paper. He been following builder from long run with no output. Now he is not able to understand what he should do.
All amount has been paid through check in chunks.(appx.-14L)
Are is eligible to take any legal action? What steps should we take to get money back.
We have checked with consumer forum they won't deal with case older than 2 yrs.
Should we go with Fri and civil court? How will it cost and appx time? (just for info)
The best option for you would be to get a Lawyer from the Panel of Vidhikarya.com who has specialization in property matter that too from Nagpur area would be an added advantage.
You have the right to get your money back.Arrange your all documents in the right order.
But, I can not say about the time.
Shanti Ranjan Behera,
Advocate
ARPIT BATRA
Responded 5 years ago
Anonymous
Replied 5 years ago
I checked with 3 advocate, no one suggested me to go to cops. They suggest me to file case in consumer court for recovery. Same statement cames from 3 legal advisor.
1) consumer court for recovery. No FIR.
2) case under RERA. No FIR. Not sure if case is valid in RERA.
3) No civil court because, as for recovery have to file one more case with FIR.
4) case time can be appx. 2 yrs max.
5) cost is heavy almost appx 1 L.no.
All below/below reply are in different directions now.
Lodge complaint with police then get issue a legal notice and thereafter file a case either before consumer forum or Civil Court.
Gopal Bansal
Responded 5 years ago
After the passing of the RERA Act in 2016 by the union Government, consumer courts are not empowered to proceed in matters related to the sale and / or purchase of the real estate. Civil courts have also been barred to entertain these matters. Your father-in-law should immediately lodge a complaint before the Mahashtra Real Estate Regulatory Authority stating therein all the relevant facts of the transaction along-with the personal details of the builder. As far as my professional fees are concerned, I can't disclose the same on this platform due to our code of conduct, but I can ensure you that they are least in the industry. For more information, kindly schedule a meeting through the Vidhikarya platform.
Anonymous
Replied 5 years ago
Area of builder is xyz and my father in law stay in ABC area of City. Where he should file FIR? What can be resolving time for such type of matter through civil court? As case is appx 12 yrs old - what can be the confidence against recovery of money? Does it comes under 420?
Before taking any decision i wanted to know overall effort required from client (father in law) as he is 67 (age) right now.
Gopal Bansal
Replied 5 years ago
Dear Mr Parate,
You father-in-law should lodge the police complaint in that police station which is in charge of the area where your father-in-law is residing. Time limit for the decision of the case can't be specified in this kind of matters as it totally depends on the merits and facts of the case. Furthermore, we will casue the same to be decided on speedy basis on the ground of the old age of your father-in-law. The fact that the case is 12 years old is not fatal for the case as we have a number of tricks to neutralise the time span. The money will be definitely recovered if your father-in-law has some valid proof to prove the payments made by him and your case is also covered under section 420 of IPC along-with a few other offences. In addition to these, a few more things are there which can't be disclosed on this public platform. For a detailed conversation on this topic, you can make me a phone-call by obtaining my contact no. from the Vidhikarya platform.
Deepak Yashwantrao Bade
Responded 5 years ago
Rameshwar Dadhe
Responded 5 years ago
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