Legal actions that can be taken against a broker who is not hired by the owner
It does not matter whether the broker is hired by the owner or not hired by the owner. As the broker has cheated you, so you can file a complaint to the nearest Police station, as per Cheating in India (section 415 of IPC) & S.420 of IPC (Cheating and dishonestly inducing delivery of property).
Illustration of cheating with the help of an example, is mentioned below:-
Broker rented YOU a Flat. Broker , intentionally deceived YOU into believing that the Flat belonged to X, & X has made him the broker and thereby induced you to pay the brokerage amount to him. BROKER has committed the crime of cheating.
The points which amounts to the offence of cheating
1. The accused must deceive another person
2. The person so deceived should be induced to deliver any property to any person, or
3. The person so deceived should be intentionally induced to do or at times, not to do an activity.
There are two classes of acts which the person deceived may be induced to do. Firstly he may be induced to deliver any property to anyone. Here having a fraudulent intention is a must. Second is doing of an act which the person would not have done provided he was not cheated. E.g Renting of the Flat (wherein he is not the appointed broker by the flat owner).
THE PRIMA FACIE EVIDENCE OF CHEATING IS :
A FRAUDULENT OR DISHONEST INTENTION.
Deceiving is the main proof of the offence. Deceiving means causing to believe what is false or misleading as to a matter of fact. But all deceptions does not amount to cheating.
Deceptions only with fraudulent and dishonest intentions amounts to cheating.
Mere dishonest intention or deceit will not be sufficient for cheating. Meeting of these two in order to induce the other person to deliver their property and making them do something which they would not have done otherwise, is cheating.
Breach of promise and cheating
The person being cheated must suffer damage or harm in body, mind, reputation or property
The damage must be a consequential result of cheating and must not be too remote. The loss suffered because of cheating must not be vague.
Cheating is a criminal act or mere civil wrong
A civil wrong is a matter pertaining only between two parties. E.g breach of contract, non-repayment of a loan, etc. Civil wrongs are matters which harms an individual’s legal rights.
Act which has the tendencies to harm the society at large is called a criminal wrong. Cheating is both a civil as well as criminal wrong .
If the court thinks that the effect of cheating is more civil in nature it sets civil procedure is set into motion. Although, in few cases such as chit fund cases where large stake of people is involved, a cheating is often dealt criminally.
Misrepresentation as to caste
Where person belonging to different caste falsely represent himself to be of some other caste to gain something from the deceived person comes under the ambit of cheating.
Where a prostitute convinced a person to establish a sexual relation with her by deceiving a man that she was free from any sort of sexual disease which in reality she was not. This was held to be cheating.
Cheating by personation
Where a person deceives his identity for deceiving someone and gaining something out of that deception, this is called cheating by personation.
A, introduces himself to be a well-known billionaire and thus took a loan from B to invest into his property amounts to cheating by personation.
Personating an imaginary person is also cheating. Where a person personates himself to be a science graduate from Oxford and got him selected into deemed university. This was said to be cheating by personation.
False representation at examination
In a case where A sat in the examination in the name of B. Gave the examination also, it was held that this was a case of cheating by personation. In such cases it is the person who is giving the examination who gets into more trouble.
Punishment for cheating
Simple cases: Simple cases are to be punished for a jail term which may extend upto one year which may end with a fine too. Where a person deceived his girlfriend that he will marry her and entered into sexual relationship with her and after she became pregnant left her. This was considered to be covered under this punishment.
Cases: The section mostly applies to cases of cheating by guardian, trustee, solicitor, agents, manager of Hindu family etc. The punishment under this section is jail term which may extend for up to three year along with fine.
Punishment for cheating by impersonating: There must be an essence of cheating along with personating. The cheating is essential ingredient for the offence. Where a person cheats another by deceiving himself to be someone else, he is guilty under section 416 IPC and punished under section 419 IPC. Punishment under this section is a jail term which may extend to three year jail term along with fine.
Punishment under this is imprisonment for up to seven year along with fine. Punishment under Section 420 is attracted in case where there is a gross injustice to parties.
Illustration of cheating with the help of an example, is mentioned below:-
Broker rented YOU a Flat. Broker , intentionally deceived YOU into believing that the Flat belonged to X, & X has made him the broker and thereby induced you to pay the brokerage amount to him. BROKER has committed the crime of cheating.
The points which amounts to the offence of cheating
1. The accused must deceive another person
2. The person so deceived should be induced to deliver any property to any person, or
3. The person so deceived should be intentionally induced to do or at times, not to do an activity.
There are two classes of acts which the person deceived may be induced to do. Firstly he may be induced to deliver any property to anyone. Here having a fraudulent intention is a must. Second is doing of an act which the person would not have done provided he was not cheated. E.g Renting of the Flat (wherein he is not the appointed broker by the flat owner).
THE PRIMA FACIE EVIDENCE OF CHEATING IS :
A FRAUDULENT OR DISHONEST INTENTION.
Deceiving is the main proof of the offence. Deceiving means causing to believe what is false or misleading as to a matter of fact. But all deceptions does not amount to cheating.
Deceptions only with fraudulent and dishonest intentions amounts to cheating.
Mere dishonest intention or deceit will not be sufficient for cheating. Meeting of these two in order to induce the other person to deliver their property and making them do something which they would not have done otherwise, is cheating.
Breach of promise and cheating
The person being cheated must suffer damage or harm in body, mind, reputation or property
The damage must be a consequential result of cheating and must not be too remote. The loss suffered because of cheating must not be vague.
Cheating is a criminal act or mere civil wrong
A civil wrong is a matter pertaining only between two parties. E.g breach of contract, non-repayment of a loan, etc. Civil wrongs are matters which harms an individual’s legal rights.
Act which has the tendencies to harm the society at large is called a criminal wrong. Cheating is both a civil as well as criminal wrong .
If the court thinks that the effect of cheating is more civil in nature it sets civil procedure is set into motion. Although, in few cases such as chit fund cases where large stake of people is involved, a cheating is often dealt criminally.
Misrepresentation as to caste
Where person belonging to different caste falsely represent himself to be of some other caste to gain something from the deceived person comes under the ambit of cheating.
Where a prostitute convinced a person to establish a sexual relation with her by deceiving a man that she was free from any sort of sexual disease which in reality she was not. This was held to be cheating.
Cheating by personation
Where a person deceives his identity for deceiving someone and gaining something out of that deception, this is called cheating by personation.
A, introduces himself to be a well-known billionaire and thus took a loan from B to invest into his property amounts to cheating by personation.
Personating an imaginary person is also cheating. Where a person personates himself to be a science graduate from Oxford and got him selected into deemed university. This was said to be cheating by personation.
False representation at examination
In a case where A sat in the examination in the name of B. Gave the examination also, it was held that this was a case of cheating by personation. In such cases it is the person who is giving the examination who gets into more trouble.
Punishment for cheating
Simple cases: Simple cases are to be punished for a jail term which may extend upto one year which may end with a fine too. Where a person deceived his girlfriend that he will marry her and entered into sexual relationship with her and after she became pregnant left her. This was considered to be covered under this punishment.
Cases: The section mostly applies to cases of cheating by guardian, trustee, solicitor, agents, manager of Hindu family etc. The punishment under this section is jail term which may extend for up to three year along with fine.
Punishment for cheating by impersonating: There must be an essence of cheating along with personating. The cheating is essential ingredient for the offence. Where a person cheats another by deceiving himself to be someone else, he is guilty under section 416 IPC and punished under section 419 IPC. Punishment under this section is a jail term which may extend to three year jail term along with fine.
Punishment under this is imprisonment for up to seven year along with fine. Punishment under Section 420 is attracted in case where there is a gross injustice to parties.
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