Limitation period & reference date for claiming due refund

Querist :
Anonymous
(Querist) 19 September 2011
This query is : Resolved
An oral agreement took place for sale and a part of consideration amount paid to seller. After 3 months seller refused to sell and ask for time to refund. In two and half years he refunded only 30% of total paid amount in instalments. Now seller is refusing to refund due amount and almost denying any oral agreement for sale. The amount was paid by bearer cheque and refunded instalments are writen on a plain paper with signature of both parties. My question is -
1- What is the limitation period for claim to refund?
2- Is the limitation period diferent in civil and criminal procedure.
3- Which date would be reference date for counting the limitation period?
[a] The date on which amount was paid to seller.
[b] The date on which last instalment was refunded to purchaser.
[c] The date on which seller denied to refund due amount.

Guest
(Expert) 19 September 2011
three years from the last date of denial of refund
criminal delay defeats some times. But in civil it always
last date of denial to refund or perform the contract.
prabhakar singh
(Expert) 20 September 2011
I also agree with Expert S.GANESAN.LAWYER.