Refund of money paid in advance for sale agreement
dharmendra Singh
(Querist) 28 November 2013
This query is : Resolved
I paid Rs. 3 lakhs in advance by bearer cheque to my neighbour for purchase his house. The agreement was oral not in written. After 3 months he refused to sale his house and assured refund the money within 6 months but in two years he returned only 90 thousands. The description of advance and refunded money is written on a plain paper signed by both. Now he file a civil suit (easementary right) regarding construction of my own house and saying that until I do not remove the construction and stop the the further construction he will not refund due amount.
My questions are -
1- Can I go to High Court directly for order/direction for refund due amount?
2- Is the only way of remedy is money suit in lower court?
3- Can I lodge FIR and starts criminal proceedings for pressurised him for refund the money?
4- Can both the civil and criminal proceedings be allowed on the same issue separately on the same time?
5- Which is better option for me?
Raj Kumar Makkad
(Expert) 28 November 2013
1. No
2. You should file cross-claim in the same suit filed by your opponent. No separate suit is required for that purpose.
3. You can definitely do it.
4. Yes.
5. Concenterating upon your cases.
Sudhir Kumar, Advocate
(Expert) 28 November 2013
things are not so clar. One has to make site examination to understand your problem. please contact a lawyer in your town.
Rajendra K Goyal
(Expert) 28 November 2013
Agree with the expert raj kumar makkad ji in the given facts.
