landlord is not returning token money

I paid token money to a landlord since he was giving us flat on 25 Oct. We were ready to shift into his flat. On 21st night at 11 o'clock, he called us and told "the current tenant would not vacate by 25th. Either you can wait till 31st or I can refund you." On 22nd, we called him and asked him to refund the amount. He started convincing us to wait till 31st. We cleared him that we want our money back. We went to look for flats. We found a flat. On the same day, by 1 o'clock, he called us and asked us to wait till 25th. Again we cleared that we want the refund back. He asked me my bank details for the transactions. Later, when we were done with the new landlord, he called us around 3 o'clock saying that he has vacated the house and we can shift that day itself. We confirmed him that its not possible anymore as we already did commit to new one. When asked about the token amount, he said, he wont refund. We tried to contact him the whole day but he did not receive that call. Shall we go ahead and do an FIR. Need some suggestion. Thanks in advance.