Hello, 

If you do not have any document then also you may file the case, showing the bank transaction and the message. 

He will have to tell the court as to for what the said amount was transferred. 

Send a legal notice to your friend and thereafter if he does not respond to the notice then file a case against him in the civil court. 

Regards 

1) issue legal notice to friend to refund your balance money 

2) mention that Rs 10 lakhs was given as token and on deal falling through only Rs 2 lakhs was refunded 

3) if he fails to refund your money file police complaint against him for cheating under section 420 of IPC and criminal breach of trust under section 406 of IPC 

3) also file suit to recover your money with interest 

issue a legal notice through an advocate and file civil recovery of money suit against him along with interest.consult a local lawyer in this regard. 

Making payment through bank itself is proof of payment. If seller hide some material fact about the property intended to sell it will be treated as fraudulent. You in such case will be entitled to cancel the sale agreement and claim refund apart from filing criminal case against the seller. So go ahead with your claim.

You said 10 lacs token and in msg 19 lacs ? Through what mode you have made the payment ?

See if the amount is transferred through the account then in that case you can file a complaint against him with police for cheating and breach of trust and you can also file a suit to recover the amount from your friend.

If you have given him under any agreement then file a civil suit for specific performance to recover the same. Also file cheating complaint against him in form of FIR

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... 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.

You contact an advocate in the local and issue a legal demand notice to him demanding your booking amount stating that the he received the said amount vide bank transaction dated so and so. 

If you don't get any response from him then you may file a money recovery suit to recover your money. 

The money which is still with him can be traced back to him by taking a print out of the bank statement when you transferred the money to his account. Also file a civil suit for recovery and also lodge an fir against him for not returning the money for criminal breach of trust and cheating and forgery.

Regards 

1. As per the information mentioned in the present query, makes it clear that you have been cheated by him and also threaten to do anything just on the basis that you don’t have any documentary proof to prove the same.
2. But, it is in fact good for you, as in normal property transaction there has been an agreement to sale in which there is a clause to not to refund the amount of token if seller later back out.
3. In your case, you have the proof of transferring the amount in his account and he can’t say no to you now as he himself has not dislocated so many things about the flat.
4. You should serve him a legal notice first and then file a suit for recovery of money with interest on the basis of the transfer record in any form and any other call details or message wherein he would have said yes you to your demand.

If you have transferred the money online then you can file a recovery suit against your friend in civil court of your district. 

This is one way to recover your money. 

The other is to file a police complaint for fraud and cheating against your friend in name of property sale.