I have paid token money 16k to future flat owner
Jitendra
(Querist) 12 September 2018
This query is : Resolved
Hi Team,
I would like to inform you that I have seen a flat and finalized without even site visit and given token amount of 16K on the basis of pics.
Flat condition was like Flat was going to vacate on 23rd September 2018.
After 2-3 days due to financial medical emergency in my family i said to my owner that i think i can not go with deal or you have to give me some flexibility to submit deposit amount.
Like 20K i will deposit once i move in and rest 30K would give in 3 months as an EMI. 10K each month.
I have given token amount on 4th Sep 2018 via Netbanking. and family emergency i have informed him on 11th Sep 2018. Please take a note previous tenant is still in his flat.
So he said he would discuss to his wife and come back to me. Meanwhile i was in urgent need of money i applied for personal loan and thought to pay deposit at once once i move in.
He discussed with his wife and on 12th he is saying to me that he can not give me flat.
So he would deduct the money till how many days he has hold that flat for me.
it means from 4th September to 11th September but my point his tenant is yet to vacate that flat on 22nd September what he has hold for me.
And also now I am ready to pay entire amount because my personal loan got sanctioned. However he is not willing to give me flat and also trying to deduct my money what is my fault. Why my money should be deducted.
I am willing to pay the said amount at his terms. Now he is declining to give me flat.
Please suggest what i can do to either get my money without deduction or to get flat on rent.
Thanks
Jitendra
M V Gupta
(Expert) 14 September 2018
Did you pay the token amount with any written understanding? Whether there is any written correspondence with the owner about the developments in ur family and asking refund of the token advance?
Jitendra
(Querist) 14 September 2018
Yes I do have written things on WhtsApp, I don't have any document signed or something like that because he is in UK.
And also I am ready to move as of now, Now he is denying to give me possession.
Please help me out here.
Thanks
Jitendra
M V Gupta
(Expert) 15 September 2018
I observe from what you have stated that u never told him that u were cancelling the deal. You had only stated that you think you cannot go ahead with the earlier understanding and wanted flexibility in payment of the sale price.You have not stated clearly whether the owner informed you in writing that he is not ready to sell the flat to you. However you take print of the chats you had with the owner; show it to your local lawyer and get a notice issued to the owner if there is a written advise from the owner refusing to go ahead with the deal. Otherwise you should write a letter to the owner that your housing loan has been sanctioned and money is ready and ask him to complete the sale at the earliest. Better get this letter drafted by your Advocate and send it by Regd post Ack due.
Jitendra
(Querist) 16 September 2018
Thanks a lot Sir. I will do the same and let you know about procedings
Thanks
Jitendra
krishna mohan
(Expert) 19 September 2018
You can also think of filing a local police complaint of cheating to recover the advance money. Better to get back the money with some deductions mutually acceptable rather than prolonging the dispute or revival to avoid future issues.
Jitendra
(Querist) 19 September 2018
He has deducted 5K and return 11K to me, However it was not mutually agreed that he would deduct this money.
What should I do, Should I file police complaint ?
Thanks
Jitendra
M V Gupta
(Expert) 25 September 2018
In my view there is no case for police complaint. If u still desire to fight for the property, you may have to file a suit for specific performance. This is going to be a long drawn litigation involving expenditure and going around court and ur lawyers. Decision will be yours.
Jitendra
(Querist) 25 September 2018
Hi Sir,
Thanks for your suggestions.
Thanks
Jitendra
