Not giving token amount
Vivek
(Querist) 03 June 2018
This query is : Resolved
Hello Sir,
This side vivek.
Subject: Not got my token amount
Issue: i went to purchased flat in sector 13 , Netaji subhash apartments .dwarka.
We finalized one flat in same apartment. Flat no 98.
Then dealer told us to give some token amount.
We gave 100000 amount to dealer .
Later we talk to bank and tell loan amount and bank person told that this much amount will not be process. So we inform dealer that we are not going to purchase the flat due to loan problem. Dealer told that he called owner from ahmedabad and we have to bear his flight charges plus dealer brokerage.
He refunded only 77000 to us after deduction.
Loss : 23000
My name : vivek
I do have call records and photo copy of receipt. I do not have original copy of receipt
Could any one please tell me how can i get my amount
K Rajasekharan
(Expert) 03 June 2018
It seems recovery of earnest money or deposit is possible only when there is a valid contract, his part of the contract must have been performed and he should have filed a case for specific performance of the contract along with seeking return of earnest money or deposit, as per Section 22 of the Specific Relief Act 1963.
The alternate thing is to seek for specific performance and claim for compensation in addition, under section 21 of the act.
Ms.Usha Kapoor
(Expert) 04 June 2018
i AGREE WITH +*RAJASEKHARAN IN TOTO AND NOTHING MORE TO SAY.
Guest
(Expert) 04 June 2018
Once the refund amount is accepted and agreed legally no further claims could be made.
Dr J C Vashista
(Expert) 04 June 2018
When you have accepted an amount of Rs. 77,000/- as refund of token money, what else remained to be recovered from seller/dealer?
Even otherwise, in order to recover rs. 23,000/- (stated to have been deducted by dealer/seller) you will have to spend approximately 2 years precious time, Rs. 55,000/- (minimum) as lawyers fees and expenses, loss of your peace of mind, infinite time and energy for proceeding with indefinite result/relief.
Rethink before taking any decision, if you are really interested in teaching a lesson to the seller and dealer.
However, advise of experts on this platform has been granted to you FREE OF COST, but an obligation.
Vivek
(Querist) 04 June 2018
Ok thanks everyone for your answers
I have applied to consumer court. They told me to write down application and said total fee will be 200 only.
Anyways from all of your comments it seems i not supposed to get into it
Specially thanks to Dr J C Vashist
Vivek
(Querist) 04 June 2018
Ok thanks everyone for your answers
I have applied to consumer court. They told me to write down application and said total fee will be 200 only.
Anyways from all of your comments it seems i not supposed to get into it
Specially thanks to Dr J C Vashist
P. Venu
(Expert) 04 June 2018
The seller should not have unilaterally decided the amount to be recovered. However, the question is whether this is an issue worth pursuing even in a Consumer Court. It is your discretion: decide wisely.
