1) issue legal notice to seller to refund your token money with interest
2) if he fails to do so file police complaint against him for cheating under section 420 of IPC
3) also file civil suit to recover your money with interest
Token Money Partly refunded
Hi, I had seen a resale flat in Navi Mumbai with stilt Parking in Nov'18. At the time of initial discussion I had been told that parking will not be part of sale agreement and seller will transfer the parking through 'Deed of transfer of Car Parking' on a stamp paper, which we agreed. I had given a token money of 50,000 to seller for the property, 25,000 for Society NOC and went ahead with deal.This payment were done through bank transfer and there was no MOU signed. I started the paperwork for Bank loan and all was finalized in 15 days. A day before registration I called secretary of the society to check the status of NOC and he told me that the parking which I am getting will be put under lottery system once the society conveyance is done. Till that time I can park my car in that slot as seller had allotment letter from builder. I had asked for Parking slot NOC from society from seller which he denied and deal was not done. When I asked my token money he said he will give when they get another buyer for this flat. It has passed 6 months and now he has sold his flat for which he had refunded the society NOC of 25,000 but now he is telling he will not refund the full token amount on the other hand he has deducted Rs 8,000 as travelling charges because the seller came from GOA to resale his flat and the deal was cancel a day before the registration. My question is : 1) Can I file a complain for this deduction of 8,000 as seller denied to give society NOC of Parking slot? If yes what should be the process? 2) Can I ask for Interest for 6 months as he has used that money? 3) Can I file a complain where seller has sold his property to 2 person as there was no such cancellation letter issued?
Asked 6 years ago in Property Law
Religion: Muslim
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9 Answers
1. Yes, lodge a complaint of cheating and criminal breach of trust. Since the deal was cancelled due to non compliance of terms by the seller himself , he can not deduct any sum at all.
2. Yes, he can claim interest as well.
3. File a civil suit as well so the seller remains under pressure to settle at your terms.
1. Since agreement to sell was not made the seller could not have deducted cancellation charges unless a receipt was given which contained such a condition.
2. You are free to sue the seller for recovery of money, interest plus cost of litigation, but the legal expenses may exceed 8000.
3. No complaint is maintainable as there was no agreement to sell between you and seller.
Yes you can file a suit for recovery of the same along with costs
1. You have to send a legal notice asking refund from the seller in case he fails you need to file suit for recovery of amount.
2. See in case of notice ask for refund along with interest and notice charge.
3.there was no sale agreement between you so you are not in concern with property now.
Dear Client,
First of all open parking cannot be sold and comes under common area, only covered parking can be sell. You can file police complain for cheating.
You can claim interest.
Go confuse with 3rd pint.
Hi, it is advisable to file a civil suit for recovery in court
- As there was not agreement in which any clause he would have put to cut down some amount from the token money, so he can’t do that.
- You should file a civil suit in your place for the recovery of the amount in fulL including the interest plus the litigation expenses as he is at fault.
- You would surely get your money back along with the interest for last six months as well as till the final outcome of the civil suit before the court of civil law.
1. With whom are you going to file this complaint?
As there is no agreement in writing nor a cancellation on this your case may not be maintainable even if you approach consumer forum.
2. He is not ready to refund the full amount itself, do you think that he will pay interest?
3. you may go head if you are having sufficient time, energy and money to fight this menace or just ignore it and go ahead.
