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ashish (managerial)     29 June 2012

Denial to return money

Hi Everybody,

I have a issue regarding financial dealing in house purchase and would like to have suggestions on it.

I have purchased a underconstruction flat in Lucknow in resale from an individual. As a understanding between us I was required to pay Rs 6.52 lacs in cash (difference between his buy price and sell price) and balance to be paid by cheque or online transfer. On request of seller I even took a home loan to ease his justification of money available with him. Prior to the approval of loan I had paid more than 60 % of property value as security on understanding that exccess amount will be returned back to me on crediting of loan. Finally when loan was sanctioned and cheque issued to the seller, he denied to return back the exccess amount of approx Rs 7 lacs.

I have paid Rs 6.52 lacs in cash ( No reciept available), Rs 11.51 lacs in online transfer and cheque of          Rs 15.42 lacs issued by bank to him on account of home loan. Only proof I have is the E mail in which he has written the cost of property and regarding payment of cash amount.

I will request if somebody can suggest me as to how I can get the money back. I shall be obliged for the solutions and assistance in getting my hard earned money back.

                                                                                                       Ashish 



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 1 Replies

Rajeev Kumar (Lawyer/Advocate)     29 June 2012

Dear Asish, The email sent to you and replied by you to him that you agree with the terms is a contract and you can sue for the specific performance of contract and recovery of excess amount paid by you. You have no proof of 6.52 lakhs paid by you. It is a grave matter of concern. First of all try to acknowledge the pagd amount by seller and then claim

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