• Advance for property taken but not giving them flat at agreed pri

Agreement to sell entered on 3rd Aug 2015 for inr 1.58 cr. Amount paid as token was inr 40 lac. Registry was to be done in my name on 3rd Oct 2015. Huge token was given to seller for closing his home loan with kotak bank. Seller didn't close the loan. We pushed him very much. He said he suffered loss in his business he do not have money to close the loan. Then it was agreed that we will close the loan provided seller returns the excess amount paid by us.he stopped taking our calls n dealer shown his helplessness. We visited his house no. Of times but all in vain. Later on we came to know he has not paid his dues to omaxe and his outstanding amount to be paid to omaxe is inr 55 lac. Further, he stopped paying his emis to bank from last 9 months and total outstanding of bank is inr 97.00 lac. We filed a complained in eow but he is not attending hearing n his lawyer is coming but doing time pass, investigating officer is also not registering the case n taking any action against him. He is saying that we have to pay everything whether omaxe and kotak bank. Which means total amount of deal is inr 1.99 crore. Which means 32.00 lac extra. He is not cooperating n rather giving us dhamkiyan. Please suggest what action I should take.
Asked 1 year ago in Criminal Law from Faridabad, Haryana
Religion: Hindu
1) file suit for specific performance of the contract to direct seller to execute regd sale deed in your favour for Rs 1.58 crores 

2) yiu don't have to pay Rs 32lakhs more ti the seller 

3) terms of contract are sacrosanct 
Ajay Sethi
Advocate, Mumbai
38890 Answers
2184 Consultations

5.0 on 5.0

case of criminal breach of trust and cheating is made out against the accused under section 406,420 ofr IPC 

2) once an FIR is filed police will conduct investigations and submit charge sheet against the accused . 

3) criminal cases go on for around 10 years 

4) hence advised you to simultaneously file suit for specific performance against the accused 
Ajay Sethi
Advocate, Mumbai
38890 Answers
2184 Consultations

5.0 on 5.0

Filing a complaint in EOW was ill-conceived and ill-advised as there is nothing EOW can do in this. Your remedy is only before the civil court. You should file a suit for specific performance against him to bind him to honour the agreement to sell. The court can issue directions to him to execute the sale deed in your favour or return the advance with interest thereon. 
Ashish Davessar
Advocate, Jaipur
21840 Answers
595 Consultations

5.0 on 5.0

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