Legal Question in Criminal Law in India

What step should be taken by me further on the attached legal case. Please advise.

COMPLAINT

a) Signed the Sale Agreement with the Builder on 17th August, 2012 for purchase of one flat at 4/A, Harisabha Road, 1st Lane, Barrackpore, Kolkata 700122 under construction.

b) Paid the builder Rs. 7.0 lacs (Rupees seven lacs only) by cheques by 1st October, 2012 towards advance against the total cost of the flat of Rs. 22.0 lacs. Applied for house building loan with HDFC Ltd. for balance payment of Rs. 15.0 lacs which got sanctioned during September�12 but the Project was rejected by the bank due to non-submission of original Link Deed by the builder.

c) Moreover, on enquiry with local Municipal office, it is understood that the project work has been stopped by the order of the Court due to some litigation on land issue for more than last one year, which was not disclosed to me by the builder at the time of signing the agreement.

d) Delivery of the flat was agreed as per the Agreement signed between us was December�12.

e) After a lot of persuasion with the builder for refund of the advance amount of Rs. 7.0 lacs, the builder handed over me 4 nos. post dated cheques (one for Rs. 1 lac and balance three for Rs. 2.0 lacs each) in the month of March�13. All the cheques were drawn on SBI

, Kabardanga Branch, Kolkata vide cheque nos. 572164 dt. 30.3.13, 572165 dt. 15.4.13, 572166 dt. 30.4.13 and 572167 dt. 15.5.13.

f) While one cheque of Rs. 1.0 lac got cleared from the bank on 31st March�13, balance three cheques got dishonoured subsequently due to �insufficient fund�.

g) Lodged a diary in Haridevpur Police Station and also informed the Dy. Commissioner of Police, South West Divn., Kolkata in the month of May�13.

h) Also lodged an F.I.R at Haridevpur Police Station in the month of Aug�13.

i) Served the legal notice to the builder thru� my Lawyer against the bounced cheques.

j) Since the builder did not refund the amount of Rs. 6.0 lacs within the notice period, filed a suit at Alipore Police Court, Kolkata and the Court has served Summon to the builder in September�13, which was not attended by the promoter.

k) During the last week of November�13, the promoter, Mr. Santanu Bhaduri was called at Haridevpur Police Station in front of me and my advocate. During the discussion at police station, Mr. Bhaduri again promised to refund my money in full (Rs. 6.0 lacs) within three months in instalments commencing December�13. However, till date he has not refunded any amount to me. It seems, he is trying to consume more time by making false commitments of refund of money.

l) On 8th February, I was told by the concerned Police Officer of Haridevpur Police Station that they have already taken action for arresting the promoter, Mr. Santanu Bhaduri, but they could not yet be successful as Mr. Bhaduri�s residence is under lock and key and his mobile is also switched off.

m) On 13th February�14, sent an email from my personal email id to the Kolkata Police Commissioner informing him the above status as on 13th February�14 and seeking help from him, which was duly acknowledged by his office and subsequently OC, Public Relations, Lalbazar had called me up on 14th February evening to get a brief on the issue and I was told that necessary action would be taken by him. Also received an email communication from Commissioner of Police, Kolkata, on 18th February�14 informing me that the Dy. Commissioner of Police, South West Division, Kolkata has been requested to take necessary action on this.

n) My Advocate again spoke to the concerned Police Officer at Haridevpur Police Station over phone on 3rd March�14 evening in front of me from his chamber in Alipore Police Court, Kolkata and subsequently I also spoke to him over phone on 6th March�14 evening and understood that the Police Officer is on leave now and he assured us that necessary action shall be taken immediately on his joining back.

( Bikram Sengupta )

13.03.14

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Asked on 3/25/14, 9:41 pm

1 Answer from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Just wait patiently for the builder to get arrested. Once he is arrested then your counsel should oppose his bail until his associates who apply his bail come to terms with you and agree to pay your money to you or deposit the same in court. You may drop in a detailed query at [email protected]

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Answered on 3/25/14, 10:29 pm


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