Legal Question in Criminal Law in India

On 10th of October 2003, I purchased a shop bearing shop no. S- 5, at Maria Gracia Arcade, Sanquelim Goa. Sale Agreement was executed in the office of Sub-Registrar, Bicholim- Goa between me Mr. Pankaj V. Amrujkar, the purchaser and Mr. Sujit Thomas Keeranchira, the builder.

The value of shop quoted by the builder was Rs. 3, 60,830/- and the area mentioned is 24.90 Sq. Mtr. (Super built up area). It was agreed between the Purchaser and the builder that The amount of Rs. 1, 14,000.00 to be paid by the purchaser on or before signing the agreement; Rs. 82,000/- on completion of internal masonry and plastering: Rs. 82,000/- on completion of plastering and fixing of rolling shutters; Rs. 41,000/- on completion of flooring and Electrical works; Rs. 20,000/- on completion of internal painting and external pavement; Rs. 21,830/- on possession of shop with occupancy certificate.

As per the payment terms agreed by the purchaser, I paid Rs. 1, 96,000/- in cash dated 12thoct 2003.Acknowledged receipts of which are given separately as per builder�s convenience. Rs.1, 14,000/- dated 12thoct. 2003 and Rs. 82,000/- dated 12thoct. 2003. Now amount of Rs. 1, 64,830/- was balance to be paid to the builder. Builder started demanding for balance money and this time I was running short of money. Even my shop was not ready. On request of the builder that he will complete the work only when I could arrange for the balance payment, I arranged amount of Rs, 1, 60,000/- through The Bicholim urban Co-op bank by loan wide Loan Account No. LMTS/20183 dated 27/05/2004. This amount was directly transferred to the builder�s account. This time the balance amount to be paid to the builder was just Rs. 4,830/-.

I was now back of builder to complete the pending works and after that to do a proper sale deed but he was not ready. I waited till 2nd Dec 2012. Meanwhile builder said that he is not ready to do sale deed because of my balance payment. In order to get the sale deed done at the earliest, I gave him a blank cheque without putting date just on faith that he will not misuse it.

I thought that after giving him a cheque as security only for Rs. 4,830/- he will take lead for executing sale deed. But in fact he started demanding more money than the actual value of the shop i.e. Rs. 3, 60,830/-. He asked me to pay Rs. 2, 00,000/- more and told us that the value of shop is gone higher and I have to pay him the said amount or else he has some more customers. Since I was not familiar with such type of matters, I thought like this is the actual procedure and agreed to pay him Rs. 2, 00,000 /- more. I again arranged this amount through The State Bank of India, Bicholim Branch wide loan account no. 0030976322312 .The final amount of Rs. 2, 00,000/- was paid to the builder wide DD No. 163859 dated 2/12/2009 of SBI, Sanquelim and the Sale Deed was then executed on the same day in the office of the sub-registrar, Bicholim-Goa.

The Deed of sale was drafted by the builder itself. In this deed of sale Builder changed entire conditions agreed between me and the builder as he could not complete the pending works as agreed wide Agreement for Sale.. On sale agreement it was agreed between both that the amount of Rs. 3, 60,830/- was inclusive of flooring and painting work but this conditions are totally dropped in the deed of sale.

By this time the builder has already taken Rs. 1, 95,170/- extra from me. This is totally a fraud committed by the builder.Even though by misusing a cheue which was given as a security ( when the amount of shop was not fully paid) builder falsely filed a case in court saying that i have landed money from him and the cheque was given to him in order to pay the friendly loan.

The judgement of the court also went in his favour and i have put the case for appeal in district court. I am worried if again the judgement of court went against me than i will be punished unnecessorily for a crime which i have not done itself.

The Flat owners and the shop owners whoever have purchased property from him had some or other types of disputes and grievances during the purchase. The builder is familiar of extracting extra money from every of his customers by cheating. Like me he has cheated some more clients to get easy money.

Recently, he has started one more project in Bicholim. I am sure that this time also he will continue his practice of extracting more money than the actual value of premise. I hope that this practice should stop forever and none of a middle class person will suffer from this builder. If it continuous likes this, it will definitely create a situation in Goa like MUMBAI and other metro cities.

Please Trust me. I am really innocent and am ready to face any type of enquiry. The only thing is I need JUSTICE.A real and true justice. Or else I will definitely lose faith in LAW.

I thus hope for your proper guidance and your kind help in my matter. What shall I do to prove myself that I am innocent?

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