Dealer is trying to grab token money
Prashant Kumar
(Querist) 28 April 2013
This query is : Resolved
Hello,
We planned to purchase a land in Roorkee( Uttranchal) in Dec 2012. Mediator fix a deal for us @ Rs 740/sq ft ( 100 Rs more from market price ) for area of 1740 ft. We were not aware of market price that time. We informed them we will take loan on that property and they assured us that this property is valid & will provide you all document. ( verbal )
Later they told us they will not accept bank loan money check for some tax reason.
They give us the solution to transfer property owner into 3 people and that transfer expense we have to bear. ( 35 K approx ). We had no option , so we invested that money too.
Later we came to know , this land is not under residential area ( It's a agriculture land ) and bank can't give us loan.
We told them that this land is not a residential property, so return our money.
Now we are not entertained in this and want to grab all token money ( Rs 3 Lakh).
All We have now a stamp document which mentioned land price Rs 10 Lac instead of Rs actual 13.75 Lac. They did this for loan & tax saving reasons.
We offered them to return our rest money ( Rs 2 Lakh ) with deduction after Rs 1 lakh.
They wanted to spend contract period ( till 1 May ), so they don't have to return this money by making false claims ( try loan in other bank ).
Do we have any legal point here? Can we claim land for Rs 10 Lakh ( stamped paper with signed by party ) instead of 13.75 Lakh ?
Please help me with your valuable suggestion.
Thanks,
Prashant kumar
Devajyoti Barman
(Expert) 28 April 2013
File case before the consumer forum asking for return of booking amount. Before that send them legal notice cancelling the agreement and demanding back the money.
Sudhir Kumar, Advocate
(Expert) 28 April 2013
you have a point. You have been cheated. But for proving cheating perusal of document will be needed so meet nearest available lawyer.
R.K Nanda
(Expert) 28 April 2013
consult local lawyer.
prabhakar singh
(Expert) 28 April 2013
Visit a lawyer.I doubt there can be a direct case for refund in consumer court although it can be framed by proper pleadings.
R.K Nanda
(Expert) 28 April 2013
follow the advice of experts.
Prashant Kumar
(Querist) 28 April 2013
Thanks for your suggestion. I have one more doubt.
What is the value of Notary Paper ( property value Rs 10 Lakh ) ?
If we are going to file a case, how long this process might be ?
Raj Kumar Makkad
(Expert) 29 April 2013
All aspects of the query have already been duly replied.
