If you are stuck in such a situation, here is what to do.

Mr. Sameer Sharma purchased a top-floor apartment in a residential complex in Aloknagar a few years ago from a company named “Apex Constructions Pvt. Ltd.” At the time of purchase, the builder verbally promised exclusive rights to the roof area but this was never put in writing in the sale agreement. Feeling short-changed, Mr. Sharma posted several negative reviews and videos online detailing his experience.

Recently, in an attempt to get the negative publicity removed, the builder approached Mr. Sharma and offered to formally grant him the roof rights, provided he deleted all the negative reviews. Eager to resolve the issue, Mr. Sharma complied and removed all the content he had posted. The builder then asked for the original General Power of Attorney (GPA) documents for the flat, claiming he needed them to prepare an affidavit to add the roof rights. Trusting the builder, Mr. Sharma handed over the original documents.

However, the builder is now refusing to return the original GPA. He is blackmailing Mr. Sharma, stating that the documents will only be returned once all negative videos and reviews about the company are removed from the internet, including those posted by other people, which is an impossible task for Mr. Sharma. Although Mr. Sharma has photocopies and scanned images of his GPA, he is rightfully concerned about not having the original documents. This act by the builder amounts to criminal breach of trust and extortion.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act swiftly and strategically. Here are the steps you should consider:

• Immediately send a formal Legal Notice to the builder through a lawyer. The notice should demand the immediate return of the original documents within a specified period (e.g., 7 or 15 days) and state that failure to comply will result in criminal and civil legal action.
• File a police complaint (FIR) against the builder for criminal breach of trust, cheating, and extortion.
• Lodge a complaint with the Real Estate Regulatory Authority (RERA) in your state, citing unfair trade practices and deficiency of service.
• File a civil suit in the appropriate court for the “recovery of specific movable property,” which in this case are your original documents.
• File a complaint in the Consumer Dispute Redressal Forum for deficiency in service and unfair trade practices.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The builder’s actions attract penalties under various Indian laws. With the implementation of new criminal laws, the following sections are relevant:

• Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with Criminal Breach of Trust. The builder was entrusted with your property (the GPA documents) and has dishonestly misappropriated them to his own use, which is a criminal offense.
• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section pertains to Cheating. The builder dishonestly induced you to deliver your property documents with a false promise, thereby committing the offense of cheating.
• Section 347 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses Extortion. By putting you in fear of wrongful loss (by withholding your documents) and dishonestly inducing you to do something you are not legally bound to do (get others’ reviews removed), the builder is committing extortion.
• The Real Estate (Regulation and Development) Act, 2016 (RERA): This act can be invoked against the builder for engaging in fraudulent and unfair practices.
• The Consumer Protection Act, 2019: Withholding documents and failing to fulfill promises constitutes a deficiency in service.

If you are the complainant

As the person filing the complaint, your role is to be proactive and organized. Here is what you should do:

• Gather and organize all evidence. This includes a copy of your sale agreement, the photocopy and scanned image of the GPA, any WhatsApp chats, emails, or call recordings of your conversations with the builder, and screenshots proving you deleted your reviews.
• Do not engage in any further verbal or informal communication with the builder. All future correspondence should be in writing and preferably through your lawyer.
• Immediately file a police complaint. Do not delay, as time is of the essence.
• Consult with a Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

Being a victim of such a scam can be stressful. It is important to handle the situation with a clear mind.

• Remain calm and avoid any emotional confrontations with the builder. Your actions from this point should be legally sound.
• Ensure that all copies of the documents you possess are secured in a safe place. Make multiple digital and physical copies.
• Document every interaction, phone call, and message from this point onwards. Note the date, time, and summary of the conversation.
• You may also consider publishing a public notice in a local newspaper stating that the original documents are lost/stolen and are in the illegal possession of the builder, cautioning the public against entering into any transaction based on those documents.
• Consult with a Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Often, the police may initially perceive such matters as being of a “civil nature” and might show reluctance to file an FIR. They might advise you to go to court. However, you must stand your ground. Politely but firmly explain that the act involves specific criminal offenses like criminal breach of trust (Section 316 BNS) and cheating (Section 318 BNS). If the local police station refuses to register an FIR, you have the right to approach a senior police official, like the Superintendent of Police. If that also fails, you can file a private complaint before the concerned Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), who can then direct the police to register an FIR and investigate.

FAQs people normally have

Here are some common questions that arise in such situations:

• Can the builder misuse my original GPA to sell my property? A GPA can potentially be misused. However, since the property is already registered in your name through a sale deed, selling it again with just the GPA is difficult and illegal. To be safe, you should immediately send a legal notice to the builder, publish a public notice, and file a police complaint. This creates a record that the documents are in his illegal possession.
• Are my photocopies and scanned images legally valid? While original documents are paramount, photocopies and scanned images serve as crucial secondary evidence in court and in police complaints to prove your ownership and the builder’s possession of the originals.
• What if the builder claims he lost the documents or destroys them? If the builder destroys the documents, it is a further criminal act of destroying evidence. Your legal notice and police complaint will serve as proof that you handed the documents to him, placing the liability squarely on him. The court can still proceed based on the secondary evidence you possess.

What evidence is required?

To build a strong case, you will need the following evidence:

• A copy of the Sale Deed or Agreement for Sale for your flat.
• The photocopy and/or scanned copy of the GPA that you handed over to the builder.
• Any written communication with the builder or his representatives, such as emails, letters, or WhatsApp messages, discussing the roof rights, deletion of reviews, and the handover of documents.
• Proof that you deleted the reviews as per your side of the agreement (e.g., screenshots before and after).
• Contact details of any witnesses who were present during your conversations or during the handover of the documents.

How long will the investigation take?

The timeline can vary. A police investigation for an FIR can take a few months. Court proceedings, both civil and criminal, can be lengthy, often taking years to conclude. However, interim relief can be sought from the court. Proceedings in RERA and Consumer Forums are designed to be faster, and you might get a resolution within a year. The pressure from a legal notice and a police FIR often compels the wrongdoer to return the documents much sooner to avoid further legal trouble.

Advocate Sudhir Rao, Supreme Court of India