• Can I recover my token amount?

I gave a token amount of 7.5 lakhs for a property of 41.5 lakhs out of my ignorance. Seller stated that the property may not get a loan and offered NBFC loan from an agent for a commission.

I tried to take a loan from my account and an auditor informed that there are a lot of deviations and loan will not be approved.

I tried to make cash payment for the entire amount and brought down the value to 39.5 lakhs.
Due to some unforeseen circumstances I am unable to raise the amount and expressed my inability.

Seller initially agreed to return the amount after selling the property to someone else. Now, he says there will be some cancellation charge. I offered 5% of token amount and seller is not accepting. 


All this happened in a week and I have a video of him taking money and a normal agreement with his signature on it and a call conversation recording stating he will return money once the sale is made.
Asked 3 years ago in Property Law
Religion: Muslim

15 answers received in 1 day.

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17 Answers

Yes you can seek refund through suit of recovery from civil court. First send legal notice 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Hello,

The seller can only deduct the booking amount if that is expressly stated in the agreement otherwise the agreed amount can be deducted which you find in the agreement itself.

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

1. IF there are "deviations" in the sanctioned building plans, THEN legally you are not bound to purchase the property and on being made aware of the same thru 3rd parties, you are legally entitled to cancel the deal and demand back ALL the money that you might have paid to the Seller.

2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

3. 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.

4. You can also initiate Civil Court "recovery proceedings", but this will take long time and expensive too.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Issue legal notice to seller to refund your money as title to property is not clear and marketable and bank is refusing to sanction any loan 

 

if he refuses file suit and seek refund of money paid by you with interest 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

  1. you can serve him a legal notice through a lawyer to make payment of the outstanding amount along with the interest,
  2. if payment is not made despite service of the legal notice, you can file a civil suit for the recovery of the amount,
  3.  chat, call records, WhatsApp record, if relevant, can prove your case and are admissible as an evidence

 

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

1. You have not mentioned whether agreement to sale was made or not. If the agreement was made then the terms and conditions of agreement would prevail.

2. If there was no agreement then no cancellation charges can be applied.

3. Serve a lawyer's notice to the seller and seek refund of the sum paid to him. If he does not refund it then a suit for recovery of money can be filed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you have agreement for sale and receipt of payment, Please issue legal notice to Builder citing reasons for refund of your advance payment against the property intended to buy.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

File a police complaint against him. He will return

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You issue a legal notice communicating your decision to cancel the sale agreement and demand return of booking amount immediately. 

If he is not complying with the demand made, you can file a money recovery suit against him to recover the money. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You are bound to any cancellation charges and entitle to full refund. Send him legal notice for full refund otherwise you will file FIR of cheating.

Property is disputed which you found later on processing laon so you are forced to withdraw the deal. If not refunded, file FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

- Legally , the said seller cannot deduct any amount from the token money paid by you , if you cancel the deal due to sufficient reasons like refusal of loan by the bank. 

- You should sent him a legal demand notice , and thereby ask for the refund the entire amount paid by you. 

- If no response , then file a Recovery suit before the court, if the said seller is not builder .

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Don't go for that statement. Ask for a dull refund otherwise lodge a criminal complaint against him immediately.

When there is a genuine reason he cannot deduct any money.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Hi 

1) Since the builder has committed deviations from the original sanctioned plan, you have every right to claim full refund of the token amount as under the present RERA Act and Town Planning building rules , builder cannot deviate an inch from the approved lay out and as such the whole construction is an unauthorised construction. 

2) Also, under contract law, your agreement was voidable from the beginning on account of builder deviating from the plans and as such the agreement (whether oral/written) is totally void in eyes of law. 

3) Also  inability to raise loans from Banks and financial institutions on account of deviations mean that the link to title deed is manifest with gross errors. 

4) Please further  note that though builder has promised to help you in availing housing loan from NBFC actually he was inducing you to indulge in corrupt practice which again is a crime.

5) Please issue notices to the builder and demand full repayment of 7.5 Lakhs citing

a) deviations,

b) lacunae in title deed and

c) advising you to indulge in corrupt practice 

as reasons for you claiming for refund of entire Rs 7.5 Lakhs.

6) The recommended  forum for dispute resolution will be the Civil Courts and not the consumer forum because of the fact that deviations, fraudulent practices are covered under Contract law,  building rules which are better addressed through Civil Procedure code.

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

you can go for recovery suit, if you consult i can advise.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You should send a legal notice for recovery of advance payment made to him due to cancellation of sales agreement.

2. If he refuse to refund the money then file recovery suit against seller to recover the money along with interest.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to serve a legal notice to the builder asking the full amount. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have a valid case of your return of money.
  2. I would like to apprise you that if there is no such condition already specified in the agreement about the cancelation charges then it can’t be stood before the court of law.
  3. You can send him a legal notice and then if no response then you should approach the Civil Court of law for a shit for recovery of money with interest and litigation expenses too.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

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