Dear Experts,
I had agreed to sale mt flat to a couple in end April 2012 vide registered "Agreement for Resale" (said Agreement).
The Share certificate was given to me by the society on about mid June 2012.
The original of the said agreement is in custody of the buyer since date of registration.
The buyer had paid me earnest money of about 15% of total consideration. The balance consideration was to be paid by buyer within 30 working days from date of registration of said Agreement failing which i can terminate the said agreement and forfeit the earnest money.
Despite the leniency shown by me the buyer has failed to pay the balance consideration amount as per terms in said agreement.
The buyer "managed" an email from their lender wherein my original documents were asked for legal clearance alongwith NOC to mortgage.
The buyer has not paid me their full own contribution essential for disbursement of their loan.
I had offered the buyer to submit to lender the notarised copies for their procedures and that I had told the buyer that the my original documents will be handed over by me at the time of me recieving the balance consideration amount loan disbursment cheque/DD.
About first week of August 2012 the buyer sent me advocate notice for handing over my original documents and alleged that i had intentions to cheat them and their loan is not cleared by lender because of me not handing over my original documents.
I replied to the notice through my advocate stating the facts and alongwith reply informed them that said agreement is terminated and money forfeited.
The buyer is not come forward to sign execute and register the Deed of Cancellation and is demanding refund of the earnest money.
Please advise.
