• Token refund

I pad token money of ₹7lacs to seller through check after an agreement of property. Told the seller that rest of the amount I will be paying only when home loan is sanctioned. My home loan on that particular property was disapproved as one floor found to be extra than the approved map. Which was not told to me or neither reflected in agreement. Now I want to cancel the agreement but the seller is refusing to do so. Seller is refusing to refund the token money.
Asked 11 months ago in Property Law from Shimla, Himachal Pradesh
Religion: Hindu

Seller does not have clear and marketable title to property 

 

2) you can cancel your agreement and seek refund on grounds that loan application has been rejected as title of seller is not clear and marketable 

 

3) if seller fails to refund file suit for refund of your token money with interest 

 

4) also file police complaint of cheating and criminal breach of trust against seller 

Ajay Sethi
Advocate, Mumbai
74541 Answers
4458 Consultations

5.0 on 5.0

If your agreement contained a condition of return of money on not fulfilling any other condition, and if that any other condition is not fulfilled, certainly your money can be returned. you can file recovery of money suit along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
15553 Answers
7 Consultations

4.5 on 5.0

You can cancel the agreement. You are eligible for refund of token money since the contract could not be excuted due to some fault on part of the seller. Further non disclosure of any material defects in the property is a fradulent activity for which criminal case can be filed.

you can file a civil suit for recovery of your token money. It is better to give one opportunity to refund your money. Issue one legal notice to the seller in the regard. Then go for legal recourses.

 

Kallol Majumdar
Advocate, Kolkata
2527 Answers
4 Consultations

5.0 on 5.0

You need for file suit for specific performance to recover money and damages.  You can also file cheating complaint

Prashant Nayak
Advocate, Mumbai
18637 Answers
34 Consultations

4.6 on 5.0

You have to send a legal notice to the seller that he has cheated you and not disclosed the information regarding the unauthorised plans also not provided copy of same so he is liable to refund the amount.

If on notice he fails you need to file a suit to recover same.

Shubham Jhajharia
Advocate, Ahmedabad
24320 Answers
96 Consultations

5.0 on 5.0

The report of the bank refusing you the loan shoukd be shown to the seller. If he still refuses file a criminal complaint against him under section 406 420 of the IPC.

regards 

Rahul Mishra
Advocate, Lucknow
7955 Answers
15 Consultations

5.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
4338 Answers
23 Consultations

5.0 on 5.0

Dear sir,

since you have paid the token amount and the fault is on the part of the other party. According to my understanding, the best way out for you is to send him a legal notice because your loan was disapproved due to fault on the part of the seller. consequently, you can file a consumer complaint on the basis of the legal notice.

you can contact me for consultation. If any.

Regards,

Yuganshu sharma

Advocate

Yuganshu Sharma
Advocate, New Delhi
342 Answers
1 Consultation

5.0 on 5.0

Any agreement executed with seller ?

File police complaint for cheating and breach of trust. Selling illegal buildign is also a crime and amounts to  cheating.

Yogendra Singh Rajawat
Advocate, Jaipur
18502 Answers
22 Consultations

4.6 on 5.0

Engage a local lawyer. File a case in court for cancellation of the agreement on account of the fraud.

 

File a criminal complaint FIR against the seller on charges of forgery and fraud

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

Seek refund of your advance deposit by means of a legal notice which you will have to send to this fellow.

Also, cancel the agreement to sell, from your end by means of this notice.

Contact a local lawyer to send the above notice. 

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
154 Consultations

5.0 on 5.0

Yes you can cancel the agreement on the ground of misrepresentation and this seller is bound to pay back the entire amount of advance for concealing the the material fact of the agreement in case sheet in eyes to pay by the amount you can send legal notice to him and later on go to the court to get the amount back along with the legal charges and the interest for the period

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

If the seller is refusing to refund the token amount you may communicate your decision to cancel the agreement for the reason that there is a deviation in the construction hence bank is not sanctioning the loan, hence to refund the same within 7 days from the date of receipt of this notice, and send this legal demand notice by registered post after which you can file a money recovery suit before a civil court.

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

lodge a police complaint against the owner for cheating. 

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

The seller cannot refuse to refund the money or cancellation of deal because it was due to his fault the deal is going to cancel. 

You should hire a lawyer and send him a legal notice for cancellation of sales agreement and refund of token money.

If he refuse to refund the money file recovery suit in court. 

Mohit Kapoor
Advocate, Rohtak
7953 Answers
2 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer