Nobody can force you to buy the property if there are legal infirmities in it.

You should not proceed to buy this property and can seek complete refund from the owner.

You can start by sending a legal notice to him asking him to repay the entire amount with interest within 15 days of receipt of the legal notice and also state that the set cancellation is done owing to reasons of misrepresentation by him of converting a 1bhk into a 2BHK illegally.

If if else to refund the amount within 15 days of receipt of the legal notice you can proceed to file a suit for recovery in Civil Court against him.

1. If the extra room and mezzanine structure are built in accordance with municipality approved plans then there should not be any problem

2. If the construction as above is done without approvals then in future when the building goes for redevelopment, you will be entitled to carpet area plus extra area taking into account the carpet area which reflects in the sanctioned building plans

3. So just check the original building plans plus any subsequent amended building plans and ascertain the carpet area of flat as per those plans

4. Generally when a deal of this nature is cancelled by buyer then the seller can forfeit 10% of the amount so far paid and return balance to buyer without any interest

5. This is generally stated in pre sale MOU but not necessarily. It depends on mutual agreement between parties

6. Now in your case there is no MOU, so the seller couple at the highest can retain 10% from 2 lacs ie 20k and return balance to you

7. It is not concern of the buyer as to where the seller has invested the money in the meanwhile

8. If deal gets cancelled then seller has to make refund after above deduction

9. If seller is not agreeing then you will have to issue a legal notice to them stating that you have a charge on their flat to the extent of 2 lacs plus interest thereon till the said amount is refunded

10. You can address this letter to the society as well stating that it should not transfer the flat to any other buyer without first your money being refunded

11. If you want to put more pressure on them to return your money you can also issue a public notice in newspapers informing about your charge

12. I would not advise for a suit as it takes long to get resolved

13. You can also address above letter, as in cc it, to local police for record

No the 10% deduction is not mandatory. But generally parties agree to such terms

So instead of enlarging the controversy it is always better to forego some amount and take your balance

If the seller is not agreeable to that too then you must take the steps as suggested in my earlier response

You can issue them legal notice to refund your token money of Rs 2 lakhs as loan could not be sanctioned as seller failed to furnish documents sought by finance company

2) if seller refuses to refund your money file police complaint against seller for cheating, criminal breach of trust under section 406, 420 of IPC

This is my response to you:

1. Firstly send them a legal notice and request for the money back. Show them that the money was transferred to them as proof;

2. Also tell that it is their mistake that mezzanine floor was made, which is an illegal structure and the BHC has also ruled on the same and cannot be measured as carpet area;

3. But if they refuse again then make them speak to your lawyer;

4. You can also file a complaint to police maybe an NC or FIR as you need to apply pressure tactics;

5. Last option is to approach the court for recovery suit and also seek compensation for lying to you and cheating you.

You Can File case U/S 420 468 and recovery of money .

1. You should have made the payment after evaluating the property and not before that.

2. Payment of cash without any receipt might be difficult to recover.

3. However, you can lodge a police complaint bringing the charge of cheating against him alleging that he has taken the advance amount of rs.2 lakhs giving wrong information about the property he offered to sell.

4. You can also file a Money Suit before the Civil court for recovery of the amount paid by you with interest, damage and cost.

Your haste to buy the proeprty without proper enquiry has landed you to this grave situation.

Nothing prevented you from giving any amount to the seller without ascertaining the details of property especially its genuineness.

Even now you dont get scared about the money you have given it to them. you have NEFT details with you, you can very well issue a legal notice to them communicating your decision to cancel the booking and demand the return of the amount paid to them as advance

If they fail to respond you may drag them to the court of law for recovery and also lodge a criminal complaint against them for cheating you by giving false information of the property.

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.

2. 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 said Person may come down for settlement.