Owner's caretaker not retuning token money and is abusive
We are in Chennai and soon shifting to Bangalore so we have finalized one apartment on rent in Bangalore through a broker named Kush and transferred the token amount of INR 5000/- on some lady’s account whose account details were send to us (Not sure if she is owner’s wife) through online transfer provided by broker on 12 May 2015. As per our broker Kush- after the money is transferred then only we can get the draft agreement copy. As we are in Chennai so later on 13th may 2015 we received email from some other broker named Moin (other than my broker) the draft of rent agreement and he had clearly mentioned on the email to the owner & caretaker that if any changes are to be incorporated, let him know . On few points we have doubts and we did not agreed and that we have checked with our broker Kush to change some points on the agreement which he said would check with the owner and confirm.
Secondly there were few points also on payment terms that we had conveyed to our broker Kush initially that we would only be able to go ahead with the contract if owner is ok with it but later Moin sent email with some other amount which we didn’t agreed upon. After all these communication happened, we came to know that there is third person also involved in this process who is caretaker and /or friend of the owner named Ravi and among these three no one is the actual owner. Later I had discussion with Ravi who is friend and caretaker of the owner's house and again some condition has been added and his approach was rude and also he clearly said that if it’s all ok with me we will go ahead with the agreement or he will return the token money. Just after 15 min we informed that there are so many conditions that are not acceptable to us to our broker Kush and also sent out email confirming the cancellation on the same email communication. As a good gesture I called the caretaker Ravi Shankar to inform but he talked to me very rudely and was abusive and now just to satisfy his ego he conveyed to his broker Moin that he will not return the money. The owner of the house is someone else and this care taker is creating all this nuisance. Owner Mr. Murthy is GM in IDBI bank in Mumbai and I am sure he is aware of all this as he’s copied on the email communication. I have also written email to him but did not have any reply.
Kindly suggest how I can go ahead further to recover my token amount as there has been no delay from my side in conveying that we will not go ahead with this deal. The amount of money might be very small but this practice of making fool out of people and taking their hard earned money is something I need to fight for. Secondly few conditions mentioned in agreement is not ok with us and third and most important is that the caretaker Mr. Ravi who is abusive and rude even before signing the contact in that case how can I go ahead with the deal where I don’t know how he will behave with me in future as he is the person who is representing on behalf of the owner.
I have Agreement draft copy on email, all mail communication, Online Payment transfer details, account details where the money is to be transferred received from broker as a sms.
1. My broker – Kush
2. 2nd broker (Kush’s contact) – Moin
3. 3rd person (Moin’s client) – Ravi (Owner’s friend/caretaker)
4. 4th person – Mamatha (to whose account the amount was transferred who is either owners wife or caretaker’s wife)
5. 5th person – Owner Mr. Murthy
Please suggest how to take action against them for recovering my token amount and for all the mental agony caused to me for their actions.