as 22 February 2015

Broker took token fraudulently

I am renting a flat in Mumbai. The broker took one month rent as token money from me for a flat through a check in his (broker) name. Now the owner of the flat is saying that he never authorized the broker to collect the token from anyone. Moreover he can deal with me but directly and not through this broker as this broker does not enjoy good reputation. Also, owner has formulated a one sided rent agreement which he says i have to agree. I have the draft agreement which the broker generally gets done on email. I cannot agree to that agreement because it provides owner absolute right to come into the rented flat anytime for inspection.

Owner is not concerned with holding token money as he never received the money from broker nor he authorized the broker to collect the token money. Moreover he says we can willingly walk away from the deal and i should deal with the broker myself to get my money back. Moreover we agreed on a rent of 27.8K per month which is there in written but the owner is asking now for 28K. Broker says he will return the difference as cash.

I cannot go ahead with the deal due to one sided agreement which is different from what the broker emailed me and also due to change in rent being asked. Broker also verbally promised to provide 15 days of free stay which he is not honoring now. Now, Broker is not ready to return the money. What should i do?

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8 Replies

(Guest)

well..the above post of yours doesnt really state whether if this broker is being hired by you or the owner first..but regardless, giving the broken token without checking with the owner is a fault on your side and not having receipt for the same will only make you helpless...just spread the word on such broker as much as you can ..atleast someone can get saved in future..

as 23 February 2015

Originally posted by : newprofile
	well..the above post of yours doesnt really state whether if this broker is being hired by you or the owner first..but regardless, giving the broken token without checking with the owner is a fault on your side and not having receipt for the same will only make you helpless...just spread the word on such broker as much as you can ..atleast someone can get saved in future..

I went to the broker who told me that he is also hired by the owner. Now the owner says he does not want to deal with the broker, isn't this a case of cheating and i can take legal action to recover my money. Changing the agreement after token, does that not amount to breach of conditions. How can the broker take money without authorization from the owner? Isn't this akin to cheating and fraud. Also, i gave the money through cheque in broker's name.

Advocate Ravinder (Advocate/Attorney) 23 February 2015

Since you have given the money through cheque, you are somewhat saved. If you have some influence in the Police dept, take help of the Police. They will settle the matter. Alternatively file a money recovery suit against the Broker. You cannot sue owner, as there is binding of contract between you.

as 23 February 2015

Originally posted by : Ravinder.P
	Since you have given the money through cheque, you are somewhat saved. If you have some influence in the Police dept, take help of the Police. They will settle the matter. Alternatively file a money recovery suit against the Broker. You cannot sue owner, as there is binding of contract between you.

Thank you Sir. Please advice on how to file a money recovery suit. I have no knowledge in legal matters. Whether it will be a civil suit or criminal suit. Also, do i have to lodge FIR under Section no 420 against the broker before i file the suit. Please advice.

Advocate Ravinder (Advocate/Attorney) 23 February 2015

Money recovery suit is civil suit. You cannot file suit by yourself. You have to appoint Advocate.

T. Kalaiselvan, Advocate (Advocate) 25 February 2015

It is absolutely your responsibility about the broker and the money given to him. If the owner washes away his hand, you cannot do anything about it, you have to catch hold of the broker alone, moreover the terms for rental agreement will be made by the owner and not the broker, so it is funny that despite knowing everything you still stand to know nothing and appear to be too naive. Come and see the practical world and live with it and not live in your own world. So long there are people to be cheated there will be a coterie of cheaters going by side. You give stop payment instruction to your bankers if the cheque has not been presented for payment so far, let the broker come running to you for payment and then you can dictate terms, if the same has been encashed, you may issue a notice to the broker asking him to return the money owing to the latest developments, but there are remote chances to retrieve the money back.

Biswanath Roy (Advocate) 27 February 2015

If the cheque was already encashed by the broker then take help of a local lawyer experienced in criminal laws and file a complaint against the broker in the P.S. and there after file an application u/s.156(3) Cr.P.C. for investigation and action to create legal pressure upon the broker to return back your money.

as 27 February 2015

Originally posted by : Biswanath Roy
	If the cheque was already encashed by the broker then take help of a local lawyer experienced in criminal laws and file a complaint against the broker in the P.S. and there after file an application u/s.156(3) Cr.P.C. for investigation and action to create legal pressure upon the broker to return back your money.

Many thanks for your response Sir. Will consult a local lawyer.