danish (founder) 13 September 2012

Broker not returning token amount

Hi,

A broker showed me a flat. I liked it, and gave 5k token amount to the broker, as owner was out of town. After many days of follow-up, when he didn't make me meet the owner, nor gave me his number. I contacted the owner somehow, and realized that the broker has not given the token amount to him.

I confronted the broker. He promised to return me the money, and gave me a "self" cheque of his bank. He told me that he will give me money in cash in 2 days, and i should return the cheque.

Now after many days, he is not picking up his phone or constantly making excuses to avoid returning the money. What should I do? Should I try going to his bank and try to withdraw money with the self cheque or simply lodge a police complaint?

More than 5k involved, I want to teach him a lesson, and not letting him get away easily. I do not have a receipt of the token money I gave to him.

Kindly advice.

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5 Replies

B.N.Raja Mohamed (ADVOCATE) 13 September 2012

Sir,

Sice, ou don't have the proof of giving the money it is better you present the cheque for collection. If you get the cheque returned unrealised you can file a police complaint. You cannot file a complaint under section 138 Negotiable Instruments Act because, the cheque is SELF endorsed and he will defuse the case by pleading that you have stolen it from you and misused it.

danish (founder) 13 September 2012

thanks a lot for your response, sir.

do you think I can file a FIR complaint of fraud under 420 or 419?

Adv. Nikhil Seth (legal consultant (9867264707)) 13 September 2012

you can file complaint under cheating

(Guest)

Dear

You can't use said cheque as 138 NL>Act offence.

If you get cash from said cheque this will be your luck But you have to file case of cheating in court. Self cheque will use as evidence that you have given amount to broker. If you have any witness who presence in all insidence than this will support you if is it. witness is must for prove your side.