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Security deposit in a money recovery case

(Querist) 21 July 2018 This query is : Open 
I have given 3lakhs as an advance to a person who is having a flat as his owner share in semi finished appartment. At the time of booking the flat is in final stage of completion. The plumbing work has not been completed. After a month when i visited the site to see the progress of work to my utter surprise I noticed the drinage work was designed from the inside of my bath room which is highly irregular. I afraid that any leakage from the top floor will spoil my bathroom. I objected for the same and decided to cancel my booking and informed to him. For refund of my advance money he is not showing any interest. Hence i have decided to file money recovery suite against him. As he is a stranger and i may not be in a position to recover the amount at the end in spite of the decree can i now along with the suit file a petition and insist for security deposit from the defendent in the court


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