Can advance payment (bayana) refund?
vaibhav negi
(Querist) 02 October 2009
This query is : Resolved
Recently i have made an agreement and payed 2.5 lakh ruppes as bayana to the property dealer, and have taken a two months time for final payment. for 20 x40 size plot. he said that this area comes into R3 land, Also he made pressure that the property that i am buying is going to be price higher than that amount i am giving. Also he is not a real land owner he has an agreement with the original land owner in which he have to pay the toal cost of land in three months, during this time the poperty dealer is searching for the buyers in the market.but after made payment of 2.5 lakh, next day i know with some other resources that the land that i am buying not comes in the R3 land but it is described as a 'park' in land usage in MDDA master plan. what i do? is there any method to refund the bayana of 2.5 lakh. could i case a file? or any illegal method because i can do anything for it.
Raj Kumar Makkad
(Expert) 02 October 2009
If the facts mentioned in the agreement of sale are found false and if any fradulant act has been found therein on the part of any party to the agreement, it may be rescinded and in ur case the agreement is ab initio illegal as no public part can be sold and be misrepresented as if owned and possessed by him so you have better case. Issue a legal notice to seller and demand refund with compensation and on his failure open for you to initiate civil, criminal or both actions against him.
Sarvesh Kumar Sharma Advocate
(Expert) 02 October 2009
yes yr bayana will refund u have the right to file criminal case as well as recovery of money case against o.p.
Kiran Kumar
(Expert) 02 October 2009
i agree with Mr. Makkad, u may start the process by sending him legal notice or may give a direct complaint to police for the fraud which has been comitted upon u.
mind it criminal case pressure is important in such matters, civil matters may take a longer time.
Sachin Bhatia
(Expert) 02 October 2009
Agreed with Mr. Raj & Mr. Kiran
Adv Lucky CS
(Expert) 02 October 2009
The only thing is that the facts you are telling should have been stated in the agreement to sale & then only you can claim your right of refund.
