• Not getting place for rent, getting refunded the advance amount

Hi,
  I wanted to start a IT training business in bangalore. Found a suitable place and thought of finalizing it. The owner said that there is still some pending work remaining, so pay the advance and  he will get it done in a week. I paid around 2.2 lac as advance in last year Aug 23rd. From that time onwards, he will tell something or the other and will not let me get the place. Finally I got fed up and asked him to refund my money back some weeks back. Now he is silent and is not responding. I had done the money transfer of 2 lac on line and has paid 20k in cash. I have few sms and email communication regarding the same. Now I don't know what to do.


Thanks
Satya
Asked 2 years ago in Property Law from bangalore, Karnataka
1) issue legal notice to the owner to refund your money of Rs 2.20 lakhs advanced to him by online transfer and cash 

2) emails exchanged between parties are admissible in evidence . 

3) if inspite of notice owner fails to refund advance amount of Rs 2.20 lakhs file summary suit under Order XXXVII of CPC 

4) you can also file  criminal  complaint of cheating under section 420 of IPC against the owner
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1. The should have been more vigilant and before making the payment should have entered into the agreement.
2. However none of it does not make case any weaker.
3. Do send him a notice for time bound payment.
4. If it refuses to repay the same , file a civil suit for recovery of money and criminal case of cheating u/s 420 of IPC.
5. Do not waste time in fling at least the criminal case.
Devajyoti Barman
Advocate, Kolkata
5219 Answers
54 Consultations
4.9 on 5.0
you must first send a legal notice demanding the land owner to give you the premises as promised, if he fails to do it then issue the legal notice for refund of the money paid along with interest, the case to be filed must be done within 3 years or u can never recover it from the landlord.
meet an advocate here in bangalore and expedite the process.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
Hi, you have paid the amount through on line and you have  document to show that you have paid the amount........issue legal notice through the advocate asking him to pay the amount if he does not paid. You have to file suit for recovery of money and limitation for filling suit for recovery of money is 3 years from the date of payment.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Did you enter in to any agreement before advancing him so much amount?

2. If no, then send him a legal notice asking refund of the amount within 15 days with interest and damage,

3. If he fails to refund you the said amount, file a Recovery Suit praying for refund of the amount you paid with interest, damage and cost,

4. You can also lodge a police complaint of cheating you & breach of trust,

5. Preserve the email and SMSs which will be required as valid evidence to prove your allegation.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Issue a legal notice to get back the amount on deficiency of services and not giving the same for rent by completing works with damages then file a suit fir recovering the amount back. Lodge a police complaint for cheating too
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. Did you sign an agreement with him prior to or at the time of paying the amount? Was a receipt or acknowledgment of the amount being credited given by him? If no such agreement was signed and this man gave no acknowledgment of money transfer then the email communications and pass book entry of money transfer are the only proofs in your possession

2. Issue a lawyer's notice to him asking him to refund the amount with interest along with damages and legal cost. If he does not make the payment in spite of the lawyer's notice then move to court and file a case for recovery of the amount.

3. A year has already elapsed as from the date on which you transferred the amount to him. Further delay may work against you. So get going immediately by engaging a lawyer.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
It is clear case of cheating. File complaint with police for cheating. Issue a legal notice asking for return of amount paid with interest and also claim damages for the lost suffered as you could not start your business thereafter file suit for recovery of money paid and damages for lost suffered.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
A. You have a strong case, issue legal notice to the owner to refund the money back with interest.

B. The exchange of mail is electronic evidence and it is admissible evidence as per the Indian Evidence Act.

C. File a summery suit under CPC for recovery of that amount and contact local lawyer for this purpose.

D. Lodge a police complaint for cheating under Section 420 of IPC.

E. Initiate legal proceeding against him under Section 90 and 115 of the Contract Act and Evidence Act with respect to  Promissory Estoppel by seeking damages.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
There is no reason why the owner should not refund your money paid as advance. Issue a legal notice through an advocate. This might be sufficient to get back  your money .If he does not pay file a suit for recovery along with interest.
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
5.0 on 5.0

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