Lawfarm Team
Asked June 28, 2016

Cheating by Friend

  • 1 Answer

I purchased land from my friend in April, 2010 for Rs. 9 lakhs in Wayanad. The sale was not registered but there was an greement which allowed me the right to sell it to anyone or register it in my name. This agreement was made bu my friend never handed it over to me.I wanted to sell the property quicly and make quick money but the price of that land became stagnant due to the Kasturirangan Report. Meanwhile in June 2015, my friend sold the land without informing me for Rs. 11.5 lakhs. I was informed by the neighbour about the sale. My friend first denied the sale but then accepted it and promised to pay me Rs. 13.5 lakh for the property but refused to hand over the agreement made in April, 2010 and gave me Rs. 2 lakhs at that time. We again made an agreement in December 2015 as per which my friend would pay me Rs. 5 lakhs on Jan 15th and 6.5 lakhs onMarch 30th. This was notarized and 2 supporting cheques were also provided whose cheque numbers are quoted on the agreement. The cheques were CTS compatible from Wayanad District Co-operative Bank. February 2016: I had dropped the first cheque for 2 lakhs which was rejected after a month, because of insufficient funds and the cheque was lost in transit from Wayanad District bank. So, basically I have lost the first cheque. May 2016: I have not received any payment from my friend. What should I do now? Should I drop the second cheque for the remaining amount of 8.5 lakhs. I’m afraid that I might lose this cheque as well, and I think he has manipulated the bank to lose the first cheque. Please provide support and suggestion to recover this money.

Answer 1

This appears to be a straightforward case of cheating by your friend. It would have been easier for you to recover your dues, or at least enforce your rights under the previous agreement if it had been registered. However, the 2nd agreement made between you and your friend, stating that he would compensate you with Rs 5,00,000 on 15.01.2016, and another Rs 6,50,000 on 30.03.2016 seems to have been registered. This agreement can be enforceable before a court of law as it is admissible proof of the intention of both the parties. The part about already receiving Rs 2,00,000 earlier is unclear from your query, and hence we are unable to respond to that. In any case, it appears that you have received Rs 3,00,000 till date out of the promised Rs 13,50,000. You can now file a Specific Performance Suit before the Local Munsif Court under whose jurisdiction the cause of action arose. In this case, it would most probably be within the Wayanad District Court Establishment. However, this might take long since most of the money recovery suits are not put on fast track mode owing to the huge number of cases pending before the lower courts. Another proposition that I suggest is opt for alternative dispute mechanisms. For example, mediation. It is a very informal procedure, where both the parties sit together, across the table, and discuss the issues openly. There is a neutral third party, called the mediator. The role of mediator is exact opposite to that of a judge; he is a facilitator, not a decision maker. He can only make the discussion easier for both of you. There are no specific rules regarding conducting a mediation, though there are professional institutions that provide such services. Research by - Shruthee
Agree Comment 0 Agrees over 5 years ago

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