Agreement
Srinivas Jerripothula
(Querist) 29 May 2012
This query is : Resolved
Dear Sir/Madam
My name is J. srinivas i am an junior advocate. one of my friend has given 50% advance to buy a home and he has written an agreement, which is completely favor of owner. My friend does not know anything about the agreement and he is not aware how to purchase and what to see while purchasing. His broker has done all this things for his commission. The agreement is made for 45 days and for remaning 50% amount he went for loan, but loan has been rejected due to BRS clearance. The owner does not have that clearance, but the owner and broker given commitment that he will get the loan. Sir now the agreement time has completed. he went so many times to get his 50% amount return, but the owner refuses to give that amount also please give me a advice.
Chanchal Nag Chowdhury
(Expert) 29 May 2012
Lodge a FIR with the police. If nothing is done, file a Complaint case u/s 156(3) CrPC. charging the owner & the broker inter alia u/s 420, 34,IPC.
Since U have not stated as to when the agreement was entered into, I cannot say anything on Limitation but remember that a civil suit will have to be filed within 3 years from the date the 45th. day has passed.
Suhail A.Siddiqui
(Expert) 29 May 2012
Better to file civil suit and FIR is also way out but you know our police department.
Mahadeva Rao G
(Expert) 30 May 2012
Initially send a LEGAL NOTICE to the owner asking him to refund the advance amount due to violation of the terms of the contract and PROMISE made by him on record (the agreement) to be paid within 15 days failing which you can proceed lawfully as experts above mentioned. Firstly a FIR with police and then proceed under Sec. 420 charging both the owner and the broker.
Shonee Kapoor
(Expert) 30 May 2012
File both criminal and civil case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Srinivas Jerripothula
(Querist) 12 June 2012
Hi All,
I have forwarded one legal notice stating all the things, he is not responding. Now i want to file a suit in Court please suggest me sir what i need to file and if anybody is having case laws regarding this please send me. It will be very greatful for me. Thank you so much for great response. Please suggest me.
With Warm Regards,
J. Srinivas
Advocate
9676299867
Hyderabad
ajay sethi
(Expert) 12 June 2012
consult a senior lawyer . you have to state complete facts of case . reliefs claimed , read law on subject
