Lawfarm Team
in Property Law Consumer Law Criminal Law Contracts Law Civil Law Constitutional Law
Asked June 01, 2016

Lodging a complaint with the Economic Offence Wing

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The builder had taken initial deposit for sale of plot. The builder had not completely acquired the land from the farmers and had closed the office. I had lodged the compliant with the Economic Offence Wing. HOW TO RECOVER MONEY OR TAKE POSSESSION OF THE PLOT?

Kindly note that my wife and I were required to bring all the documents under sec 124 of Cr.P.C.
P.S. Sec 17, Chandigarh initially refused to accept it on the ground that it was been centralised at Head Quarters.However, on my insistence, they received a copy of the written complaint. Later on, I submitted a copy with Head Quaters. Did not receive anything in writing or telephonic advice despite reminder emails.
Query 1: What will happen if case is transferred or taken up by EOW?
Consumer Court had last year convicted two officials of UK Homes Ltd for 2 years simple imprisonment as they failed to appear in recovery proceedings.
Query 2: I want to file case against the broker and the previous owner cum seller also for cheating in connivance with the builder.
Query 3: What are the chances of recovery from the broker and seller as they have not absconded.
 

Answer 1

In the present case though you have mentioned that you have been instructed by the EOW to produce the documents under Section 124 of the Cr.P.C, I am of the view that Section 91(1) of the Cr.P.C should have been invoked by the EOW, which enables an officer to order a person to produce documents which are necessary or desirable for the purpose of investigation in capacity of an officer in charge of a police station; whereas Section 124 doesn't seem to have any relevance to me in this regard as it talks about 'security for unexpired period of bond' which essentially deals with the power of a magistrate or court to cancel the security bond of a person summoned under this section and to order him to produce fresh bond for the unexpired portion of the term of such bond i.e., it doesn't have any relation to presenting documents before the concerned authority.   1) Answer to Query 1: If the EOW takes up the case it would have same effect as the case being taken up by the police, as the EOW has jurisdiction all over the UT of Chandigarh (http://cbi.nic.in/aboutus/manuals/Chapter_1.pdf : Annexure-1-E).  Also, this might be the reason why the PS Sector 17 is reluctant to register a case as the same might be taken up by the EOW based on your complaint, as the EOW of Chandigarh deals with offences relating to fraud of Rs 25 Lakh or more. 2) Answer to Query 2: Relief can be sought by you against the broker and previous owner cum seller too in this case. You can register a complaint and lodge a FIR with the police against them under Section 109 read with Section 420 of the Indian Penal Code According to this, if they abetted the crime of cheating i.e, if they helped the person who cheated you and the cheating thus was a result of their act, then they can also be booked for abetment of cheating and as there is no specific provision for the same in the IPC according to Section 109 they would be punished in the same manner as though they were the ones who cheated you. Thus the remedy available against them is the same.  In order to prove that they in fact abetted the act of cheating you have to establish a direct co-relation with their act and its consequence of you being cheated by the person who took your money, also they have to have the motive to cheat you and should have done the act with the intention of it resulting in your wrongful loss. 3) Answer to Query 3: The chances of recovery depend on the EOW or the police. Once when they take up your case (either one of those) will investigate. If by due process the people accused are found guilty the money in their possession would be recovered.  In order to ensure that your case is strong and the injustice done to you is brought to light without there being any doubt about the guilt of the people who cheated you, make sure that you are diligent while producing all the essential documents to the authorities when asked. Also if you are able to prove based on those documents, either consisting of the contract of sale between you and the people who cheated you or proof of the initial deposit that you made or anything which will prove that there was an exchange of money in return for the land which in fact was not delivered to you and those people had no intention to do the same either, will prima facie i.e, on the face of it will prove that there was a wrongful loss suffered by you and wrongful gain attained by them which will thus indicate that you were cheated.  Hence the remedy to recover your money lies once the case is registered against the accused and their guilt is proved or the police/authority while investigation recover the same. It is also essential to note that the court if finds them guilty might sentence them to imprisonment of upto 7 years and may impose a fine too.  
Agree Comment 0 Agrees 12 months ago

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