Legal protection from threats

raju (Querist) 13 September 2011 This query is : Resolved
DEAR SIR,
ABOUT ONE AND A HALF YEAR BACK WE HAD TAKEN AN TOKEN MONEY AGAINST SALE OF OUR PROPERTY (RESIDENTIAL HOUSING PLOT) IN DELHI. CURRENTLY WE ARE STAYING IN THIS PROPERTY. THERE WAS NO WRITTEN AGREEMENT BETWEEN US, EVEN THOUGH THERE WAS A BROKER AS WITNESS FROM BOTH OUR SIDES AND THE BUYER VERBALLY AGREED TO PAY US THE AMOUNT WITHIN 60 DAYS..THE TOKEN MONEY TAKEN WAS IN THE FORM OF CASH ONLY AND WORTH ONLY 2% OF PROPERTY VALUE AT THAT TIME AND NO RECIEPTS WERE SIGNED. EVEN AFTER 1 YEAR WE DID NOT RECEIVED THE TOTAL CONSIDERATION AMOUNT FROM THE BUYER.
SINCE THEN THE PROPERTY RATES HAVE ESCALATED TO MORE THAN 30% , WE TOLD THE BUYER TO RE-NEGOTIATE THE DEAL AT THE CURRENT MARKET PRICE. TO THIS THE BUYER IS NOT AGREEING AND NOR IS TAKING BACK THE TOKEN MONEY GIVEN TO US.
NOW HE GIVING US INDIRECT/DIRECT THREATS TO GO AHEAD WITH THE DEAL. WE WANT TO CALL OFF THE DEAL BUT THIS BUILDER MAFIA IS PUTTING MENTAL PRESSURE/HARRASMENT ON US BY GIVING INDIRECT/DIRECT THREATS WHICH MIGHT EVEN INVOLVE PHYSICAL INJURY/ABUSE.
HOW CAN I PROTECT MYSELF AND MY FAMILY LEGALLY (UNDER IPC) AGAINST ALL THIS AS WE ARE WORRIED HE MIGHT TRY TO HARM US IN A PHYSICAL/MENTAL WAY IF WE DON’T AGREE TO HIS TERMS AND CONDITIONS.
PLEASE ADVICE WHAT SORT OF ACTION WE SHOULD TAKE TO PROTECT OURSELVES.
THANKS AND REGARDS

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PARTHA P BORBORA (Expert) 13 September 2011
If there is an apprehension of attack by the builder, you may file an application under Section- 107 of Cr.P.C and if in your opinion,it is a matter of real and immediate danger - go to the nearest police station and file an ajahar stating the whole matter, as soon as possible.

Other matters like- the token money and its legal values- should be answered by a Civil law expert.

ajay sethi (Expert) 13 September 2011
the problem is when you negotiate large deals you dont consult a lawyer .
in your case it appears that there is nothing in writing . payment was allegedly made in cash .since buyer failed to pay entire amount in 60 days you can forfeit the said maount .

inorder to avoid any complications you have made a generous offer to return the token amount . if builder is refusing to accept it and still threatens you lodge police complaint . consult a local lawyer

prabhakar singh (Expert) 14 September 2011
Lodging a complaint with police is the only option you have in circumstances at present.

What is bad in India is that we do not use doctors to keep ourselves fit in health.

So is also with lawyers who are used only when our actions give birth2disputes.Lawyers opinion should always be taken for our those acts and contracts where we are not aware of law and can not foresee difficulties that may suddenly crop up.