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Refund of token money

(Querist) 31 October 2011 This query is : Resolved 
Hi,

I booked a flat @ monthly rental of Rs. 12,000 after depositing Rs. 12,000 as token money. After a week I decided not to take that flat.

After that I asked to refund the token amount. As Broker given that amount to owner in front of me only. Broker asked the owner to return it after deducting rent loss amount.

The Owner is not ready to return single rupees as he said he lost many opportunity to rent this flat because of me and within these a single week.

Please advised me what to do? I have a receipt which was given by broker on behalf of owner for token money. I am ready to deduct rent loss based on number of days.

Regards,
Amit
ajay sethi (Expert) 31 October 2011
when you booked flat terms have to be agreed between parties. if no agreement is entered into you are at mercy of owner.

issue legal notice to owner .
Sankaranarayanan (Expert) 31 October 2011
yes mr sethi given good suggestion. you issue notice
prabhakar singh (Expert) 31 October 2011
Yes! unless there is any express agreement about the return in writing,the return now looking disputed,you can simply issue notice
demanding the refund,but in case you do not have positive response from land lord,you will have to file a suit of recovery in which your land lord shall have right to prove his losses caused due to default and to reimburse them against your advance to its extent but not above it subject to his prove in court of law.All in all this will
ruin your time and energy and money for several years in courts.
In such a condition adopt convincing theory
to settle 1/2 and 1/2,via agent.
Sailesh Kumar Shah (Expert) 01 November 2011
I agree with all experts.


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