• Property deal advance retained

Hello lawyers 
I was entering a real estate deal for which I gave Rs 50k through an account payee cheque as advance token without any agreement at that time.
Subsequently the tittle paper of the property was found inadequate and I stepped back and refused to enter into an agreement to purchase the property.
Now the person is not returning the money.
The cheque was issued in favour of his private limited company where this person is a Director.
Thanks
Asked 8 months ago in Criminal Law from Delhi, Delhi
Religion: Muslim

Firstly, you need to issue legal notice to  him asking him to repay the entire amount along with interest along with the reasons for cancellation of the deal.

If he fails to do so you can file a suit for recovery against him in civil court.

Also state as to when was this amount given?

Siddharth Jain
Advocate, New Delhi
5358 Answers
59 Consultations

5.0 on 5.0

Issue legal notice to seller to refund your advance payment of Rs 50000 as title is not clear and marketable 

 

2) if he refuses file police complaint against him for cheating , criminal breach of trust 

Ajay Sethi
Advocate, Mumbai
73115 Answers
4389 Consultations

5.0 on 5.0

Yes you can claim the token money since the deal was cancelled due to defects in title, the fault being attributable to the other party not you.

Issue notice this regard to the seller.

In default file summary suit for recovery of the money.

You can also file a police complaint of cheating if the defects in title was known to the seller at the time of accepting the token money from you.

Kallol Majumdar
Advocate, Kolkata
2242 Answers
3 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
3968 Answers
21 Consultations

5.0 on 5.0

Send a legal notice to the company and if they do not refund thereafter then file a case against them before the distrixt consumer forum.

 

regards

Anilesh Tewari
Advocate, New Delhi
17471 Answers
283 Consultations

5.0 on 5.0

You can seek refund on that process.  If he is not giving you can also send him notice under bankruptcy code being a private ltd company and file case in NCLT

Prashant Nayak
Advocate, Mumbai
17530 Answers
30 Consultations

4.6 on 5.0

You need to send a legal notice to company for recovery of amount , if on notice the person fails you have to file a suit to recover the amount in same cause court.

Shubham Jhajharia
Advocate, Ahmedabad
23519 Answers
94 Consultations

5.0 on 5.0

File police complaint u/s 420, 406 IPC agasint the director and company. If police refused, approach commissioner.

 

Yogendra Singh Rajawat
Advocate, Jaipur
17485 Answers
21 Consultations

4.6 on 5.0

you need to give legal notice for recovery of your money. If he don't respond to the notice then you can file recovery of money suit. 

Mohammed Mujeeb
Advocate, Hyderabad
14598 Answers
6 Consultations

4.5 on 5.0

You can issue a legal notice demanding the amount paid by you as token amount towards, since there was no agreement or conditions governing this situation the seller cannot deny to return the amount.

You may contact a lawyer and issue a legal notice as suggested.

 

 

T Kalaiselvan
Advocate, Vellore
63076 Answers
816 Consultations

5.0 on 5.0

Send him Legal Notice under Insolvency & Bankruptcy Code, he will return ur money with folded hands

Abhinav Sabharwal
Advocate, New Delhi
40 Answers

4.0 on 5.0

Now the legal remedy available to you is serve his company a legal notice for refund of the money paid.

If he fails to refund the money initiate a recovery suit Under order XXXVII(summary trail)  of CPC 

Mohit Kapoor
Advocate, Rohtak
7194 Answers
2 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have the token money, but no agreement was entered between the parties.
  2. In the absence of the agreement, the other party cannot take the plea of not returning the token money as per any clause in the agreement.
  3. In fact, if there would have been any agreement then also they could not take the same plea as there has been default in the property but not in your intention to buy.
  4. You should file a suit for recovery of money with interest before the civil court of law by making company as party through its director.

Sanjay Baniwal
Advocate, South Delhi
5051 Answers
11 Consultations

5.0 on 5.0

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