• Deal called off, returning advance is an issue

Hi,
I was planning to buy a land for which I had give 5 lac advance. I made payment through check and have the copy of the affidavit as well.
The original copy was returned since he asked it before hand and I being naive returned it.
Now when I ask for return, the dealer has been pushing me around for almost 6 months.
How can I take legal action against him.

Thanks in advance.
Asked 8 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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12 Answers

1)issue legal notice to seller to refund your money if he refuses file summary suit to recover Rs 5 lakhs advance

2)enclose copy of agreement for sale , your bank statements proving transfer of fund

3) file police complaint of cheating , criminal breach of trust under section 406, 420 of IPC against seller

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Issue a legal notice in order to refund your money and even after the legal notice if he refuses to return the money go ahead and file a summary suit.

to create pressure you may also lodge an FIR against the seller, for fraud, cheating and criminal breach of truest.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Send Legal notice to the person to whom you have paid the amount, to repay the advance amount or to face legal proceedings, if not repaid file a suit for recovery of money based on the payment made by you through the cheque and the affidavit.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Dear Client,

You have made the payment through cheque so its not a big deal to prove payment, Your bank statement will do the job and also in whose account it was credited, hope cheque not issued for " SELF" but account payee.

Copy of Affidavit will prove the purpose for what payment is made corroborated by bank statement.

Issue a legal notice for return of money through advocate otherwise file Direct FIR. offence u/s 406, 420 IPC. Recovery Possibility higher to avoid incarceration.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. It is not clear whether you you want return of the affidavit in original or the money.

2.Since there was only one affidavit original either of you can retain the original while the other can keep its photocopy but counter signed by both of you.

3.SO you can insist on this.

4. If you are ready to complete the purchase then send him a notice fixing the date of registration and for getting a photocopy of the affidavit countersigned b hemin original.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

since you made the payment through cheque you can send him a legal notice asking him to come forth and execute the sale deed in your favour, failing to do so you can approach the civil court for the same relief. You can also file a suit for recovery of the said amount from him.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

Hi, First you have to issue legal notice ask him to refund the entire amount and if he failed to pay the amount then you can file suit for recovery of money in the Civil Court.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Send a Legal Notice to recover your earnest/advance deposit.

If the needful isn't done despite the notice, file a summary suit for recovery under order 37 CPC.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Want to see the copy of the affidavit and cheque.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

You can send him a legal demand notice and give him some time to refund your amount, if he fails then file a petition in court of law.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Please send him legal notice if he do not reply file a suit for recovery of money .....

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

You can issue a legal demand notice to the seller asking him to return your amount paid through a cheque.

If he is not complying with ther demand you may file a money recovery suit on the basis of evidence in your possession.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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