Dear Niraj,
The following questions emerge from the information that you have provided:
a) If the buyer wanted to buy a plot worth Rs 10 Lakh, then did he check the original copies like Encumbrance Certificate (EC), Sales Deed, Mutation Entries (if any), Gift Deed (if applicable), the receipts for the payment of the property tax for the last five years etc? How come the buyer made the sales agreement without verifying the authenticity of the documents?
b) Did the buyer transfer Rs 3 Lakh without physical verification of the vacant site?
c) While transferring Rs 3 Lakh did the buyer make a Sales Agreement? If yes, then the funds must have been transferred to the owner (seller) of the vacant site. The real agent is eligible to get the commission agreed by the buyer and the agent. However, how come the real estate agent got Rs 3 Lakh? How the funds were transferred?
d) Who drafted the sales agreement? Was it drafted by the lawyer? Was it made without taking help of the lawyer? Were the photocopies of the vacant site attached to the sales agreement? If yes, then did the seller solemnly pledge the authenticity of the documents?
Yes, this could be a case of cheating, however, we need to know the terms and conditions of the "Sales Agreement". We need to know whether the role of the seller and the real estate broker was properly defined or not. By the way, did the buyer make a separate agreement for the payment of commission to the real estate agent? If yes, then please provide the terms and conditions of that agreement also.
Unless we know the complete facts of the case, no proper suggestions can be given.
Thanks,
Dinesh Divekar