Advance paid for property
Arif khan
(Querist) 28 January 2013
This query is : Resolved
Hi,
I have given advance of 1.2L cash and 4 lacs rupees cheque for a flat in delhi. The sale deed was executed. On the other day of my payment i found that their is issue of ownership and the builder is dealing with someone else also.
I asked him to cancel the deal and refund the money. I stopped the cheques but cash he didnt return.
He said he spent the money and will refund when the flat would sell. After 2 months flat got sold but not returning the money. Saying money is not refunded once you cancel the deal.
Please advice me what to do.
thanks
ajay sethi
(Expert) 28 January 2013
what is proof of payment of cash
V R SHROFF
(Expert) 28 January 2013
What happened to " their is issue of ownership and the builder is dealing with someone else also"
U have to lodge Police complaint for "their is issue of ownership and the builder is dealing with someone else also" and collected Rs. 2 Lakh w/o issue of receipt.
Ur ur stop payment of cheque will prove deal.
Anirudh
(Expert) 28 January 2013
Mr. Shroff,
The question is not how he will prove the deal. The question is how he will prove the payment of Rs. 1.2 lakhs made by him in cash. The question is what documentary proof he has to prove that he paid Rs. 1.2 lakhs in cash.
Arif khan
(Querist) 28 January 2013
The cash entry is mentioned in the Sale agreement. The sale deed was done 15th Oct and time was 1 month for the payment.
Flat was in the name of his cousin and he is taking all money.
He promised to return after selling the flat. Its 3 months now and flat is sold. I put a compaint to police they say they cant do anything as its a civil matter
Anirudh
(Expert) 28 January 2013
Please approach a local lawyer, show all your documents, discuss the matter and take further necessary steps as your lawyer may advise. Police have no role to play in this.
ajay sethi
(Expert) 28 January 2013
your cause opf action is against the cousin . agreement was executed with the cousin . payment received by cousin . it wouldf be necessary to go through the clauses of agreement . as advised by anirudh contact a local lawyer
Arif khan
(Querist) 28 January 2013
I am in delhi. As i know some senior police officer so they have taken the complaint but the person is not coming to PS. They have said they will try but cant do much except for asking him to pay.
I contacted a local lawyer he is saying to file recovery suit.
Also in the agreement its not mentioned that money will be forfeited. It says that either party can go to court for settlement.
Seniors please advise what to do.
ajay sethi
(Expert) 28 January 2013
contact anirudh . he is from Delhi and senior expert . he can guide you .
Arif khan
(Querist) 28 January 2013
Can i have his number..
Arif khan
(Querist) 28 January 2013
Can i do anything else except for recovery suit. What are the chances to get the money back through recovery suit
ajay sethi
(Expert) 28 January 2013
search in LCI data base for lawyers in Delhi . you will find mr anirudh name and his contact details .
your lawyer will after going through papers gude you .
R.K Nanda
(Expert) 28 January 2013
contact local lawyer.
V R SHROFF
(Expert) 28 January 2013
As cash entry is mentioned in the Sale agreement, no need for further proof of CASH PAID.
U CAN CALL HIM & DO THE NEEDFUL.
If vacant, can move court for specific performance/ or / criminal cheating 420, if he don't agree.
Raj Kumar Makkad
(Expert) 28 January 2013
Nothing to add more as all aspects fothe query have already been discussed in details.
