Same case was filed in consumer forum first & then police was app
My HUF owns a shop in Ghaziabad. I rented it to my brother @ Rs 25K pm in Jan11 w/o any written agreement. He failed to pay rent till March13 against his verbal promise to pay the rent later on. But he paid maintenance & electricity charges to concerned authority by check regularly. From April 2013, he was asked to pay Rs 40000/- pm for two shops by cheque as one more shop was puchased & merged with the existing shop. Rent payment was made but never in time and some times he failed to pay. But he paid maintenance & electricity charges to concerned authority by check for both shops regularly. In January 2014, he gave me 8 PDCs which are still with me. He did not have money. So he was forced to vacate shops in Febuary 2014. Rent received by me were declared in IT return.
In Septmber 2015, he approached Consumer court stating (i) He purchased , by verbal agreement, my shop which I owned since 2011 @ Rs 35 lacs. (ii) He got the possession after paying first instalment i.e. in July 2013. (iii) Rent paid by him is claimed to be as payment towards purchase of shop. (iv) he claims that said shop was to be transferred in his name in December 2014 after making complete payment. Transfer did not took place as I refused (his version only). (v) He further claims that we enter into another verbal agreement immediately that he would vacate the shop and in return I would return his money ( paid as rent) with interest. My brother is a poor man. I am sure that he never had Rs 35 lacs or he declared any income in any of his IT return.
He is having only bank statement as proof. Proofs available with me are underlined above. As he lost hope of winning the case in Consumer Court, he is avoiding discussion there.
Now he has approached police to file FIR as clause 406 for same complaint against on same ground.
My questions are 1. What should I do? 2. His approaching police at this stage is contempt of court?
Kindly advice.
REGARDS
A M BHARDWAJ, Mob: [deleted]- [deleted]