1. The actions of the landowner is purely illegal as since the agreement was not completed and it was in the negotiation stage only he is bound to return the advance money paid to him.

2. So send him a a legal notice seeking refund of your money as under n circumstances once the agreement is not completed he can not withhold or forfeit the advance money.

3. If he does not return then file a case of cheating with the local Police as once FIR is registered you can expect your money soon.

4. There is remdey of civil suit also but the same is not cost effective.

1. A Advance amount for any transaction classifies as a Returnable & Adjustable Liability to the person who receives it. There is no such thing as forfeiture. All these things are village-dominated-mentality to usurp other peoples money.

2. File a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the Land Lord supported with all relevant available documents.

3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The Land Owner may come down for settlement.

Keep Smiling .... Hemant Agarwal

Firslty, as you have stated in your query that you have transferred the amount into the bank account.

Secondly, after this, the owner can’t deny the acceptance of money.

Thirdly, agreement was not signed between you and him, whcih means he can’t say that you have violated the terms and condition of the agreement.

Fourthly, though he may be right for advance token rule, but the same should have some logical reasoning as in terms of increase in the rent.

Fifthly, he is charging too high amount which is not been taken by anyone in the area.

Fifthly, I advice you to challenge the same before the Civil court of law.

Owner should refund advance as their is no forfeiture clause

You have not signed any agreement with flat owner

Issue legal notice to owner to refund your money

There is no such rule where he wants to forfeit your money. Send him legal notice asking refund of amount paid by you if he refuses lodge a police complaint for breach of trust and civil suit for recovery of money if the amount is paid through your account.

Sir issue a legal notice to the owner for the refund of your amount, there is no rule to forfeit the advance further if on notice the owner fails to pay a summary suit has to be filed before the civil court(small cause court) for the refund of the amount.

Further file a police complaint though case is of civil nature though police can help you on complaint.

there is no such rule

if the deal did not happen then the owner ought to refund your token, however without any interest

please issue him a legal notice for refund

you can issue a legal notice to the landlord for refunding your token money. If there is no response, you file a case against the landlord and take him to the court.

There is no such rule. As there is no written rental agreement, it is not fair on his part to forfeit the advance sum. You may send him a legal notice demanding refund, and if there is no positive development, file a suit.

1. There is no such rule

2. file a FIR against the person for taking your money illegally.

Regards

1. It is a wrong and unwise practice to readily transfer the amount to the landlord. It should be done only at the time of signing of the agreement after perusing the agreement.

2. Now you should file a FIR under Section 406 IPC for criminal breach of trust against him. He has no right to retain the token as agreement was not signed in the first place.

If the rental agreement could not be concluded due to the said reasons, you may insist the owner to return the advance amount politely, if he is refusing then issue a legal notice seeking refund and also compensation for the mental stress cause by him due to this, you can endorse a copy of this complaint to the local police inspector after which you can lodge a criminal complaint for the offences of cheating and breach of trust agaisnt the owner besides filing a civil suit for recovery.