Lok adalat can resolves disputes on basis of merits also
siri
(Querist) 11 October 2011
This query is : Resolved
sir, sale agreement has done b/w me & vendor with token amount of rs 1lack as advance.Now I want to cancel the sale agreement and take my token amount back as Title is not clear and marketable and vendor is agreed to cancel sale agreement but refused to give token amount back stating that he has clear Title & time of agreement also completed and he agreed to give amount back only if his Title proved as unmarketable till then he doesnot give any amount refund.I want to settle the matter out of court for fast & less expensive.So i decided to solve this in Lok adalat. But i have some doubts 1) since we both are ready to settle of rs 1lack in lok adalat by submitting terms of comprimise stating that to give conclusion on bonafide title of the property on verifying documents and on merits & evidence inorder to settle advance amount which was agreed by vendor also. 2)It is possible for Lok adalat whether to conduct civil procedure on said property in finalizing whether vendor has clear title or not by seeing all evidence inorder to settle our dispute on basis of merits and evidence.
prabhakar singh
(Expert) 11 October 2011
What ever you have stated is misconceived some where at the very root and your query is not intelligible.
siri
(Querist) 12 October 2011
actually the vendor is not ready to give money back simply stating that his title is valid though he has no valid title.Moreover as per agreement the time period is completed & there is no need to give advance back to me at now.But at final, the vendor agreed to give money back on condition that if his title proved as not clear & marketable.Instead of going court,I decided to solve matter in Lok adalat which is fast & in expensive because vendor also agreed to give money back if his title proves as unmarketable. But my doubt is since we both are ready to settle 1 lack in out of court It is possible for Lok adalat whether to conduct civil procedure on said property in finalizing whether vendor has clear title or not inorder to settle our dispute on basis of merits and evidence because vendor agreed to refund my advance money after conclusion of bonafide of his title only. whether i can solve this matter in lok adalat or not
AAK
(Expert) 13 October 2011
No you cannot approach lok adalat directly. Your appropriate remedy would be to file suit in the civil court for recovery of amount.
Guest
(Expert) 20 November 2011
You can try for Centre for International Centre for Alternative Dispute Resolution working under the Ministry of Law. You may check the following site: http://icadr.ap.nic.in/
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