• My property agent is not getting the sale deed done nor ready to give me refund

Hi,

I paid full amount to a property agency in December. They mentioned that one amount is outside, they will proceed will sales deed with 2 days. However, now it is 9 months and I still do not have any documents. Below are some more details-
1. They showed me a different land and on draft they mentioned a different one.
2. Now they are saying that the land which they showed is yet to be on their name, meaning, it's not theirs yet, they are still in process of acquiring that land. They are offering other land which is not what we paid for..
3. Now when I asked them to either give me the land which was shown to me or give me my money back - they are saying that they cannot guarantee when the said land will be on their name, and insisting me to buy other one. Hence I asked for refund, now they are saying we are ready to give the land, but it's you who is not ready to take.
So we will not refund you full amount
Asked 2 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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9 Answers

You first issue a legal notice to the so called agent communicating your decision to terminate the contract or agreement to buy the property owing to their unfair trad practice.

In that you can mention that are indulging in fraudulent activity by promising some other property whereas now they are offering some other property.

You can warn them tht if they are not refunding the amount they obtained from you you would initiate legal action through both civil and criminal laws for recovery of money as well as to punish them for the said offences.

You can issue a legal notice through an advocate.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You have many options. You can get refund of all money with interest. Issue a lawyer's notice  seeking refund with interest. After that file a complaint in District Consumer Forum  producing under new Consumer Protection Act, 2019 under which  proceeding are very fast. You will get refund with interest, compensation for mental harassment, cost of complaint and lawyer’s fee. If your based u.k. you need not come to India. Draft a GPA in favor friend/relative giving him power to file complaint against property dealer, get the GPA attested by Indian High Commissioner on line as walk-ins to High Commissioner are suspended due to Covid. send the GPA to the person named, he can file a complaint on your behalf. Any one of your relative/friend can also file criminal complaint in the Court of Magistrate against dealer for cheating. A criminal complaint can be filed by any per apart from victim. Court will order police to register FIR,  investigate, produce accused in court and file charge sheet. After trial Court will punish the accused. Punishment for cheating is jail up to three years. The offence is compoundable, dealer will settle with you.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

Send a legal notice asking for refund of your money or the registration of land in your favour. If the dispute still persists, lodge a complaint of cheating U/s. 420 against the Agent. 

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

This is a fraudulent transaction. You should take appropriate action against them by giving them a legal notice and if they do not respond then file a complaint against them in the RERA tribunal immediately.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can send him a notice through lawyer and later time a cae against him before appropriate court to recover the amount. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Hello, 

  1. As they are not giving you the property that you paid for, thru cannot compel you to accept another property unless you are agreeable to it. 
  2. If you have not so far taken any legal steps, you must get a legal notice issued to the Agency demanding the full refund with interest. 
  3. They ae guilty of having defrauded you and are liable to compensate you for having sold to you property by that did not belong tho them. 

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

File police complaint of cheating , criminal breach of trust against agency 

 

also file suit to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Dear Client,

You can file a case against them on "Misrepresentation of Facts" as per the law in your residing country. If such an incident has occurred in India, the accused is liable to be charged under Section 107 IPC, or under the Misrepresentation Act, 1967 as per UK Law if it has occurred in UK.

We would advise you to file a case for full refund if you do not wish to go ahead with accepting the land.

We would also advise you to consult a lawyer in such a case.

For more information, you may book a consultation with us.

Thank you.

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

- You can lodge an FIR against him for the offence of cheating and breach of trust . 

- Further, if he is a builder then you can claim full refund with 10 percent interests. 

- You should issue a legal demand notice for getting the full refund , and if no response then file a compliant before the Consumer forum and claim compensation also for mental trauma. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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