hi all,
I am into a problem, apparently i had entered into a deal with an nri who had given power of attorney to him mother residing in bihar. the deal was on 23rd aug and was to end on 19th novem.
one of the token money cheque had wrong signature was returned.
2 were CTC and were to be cleared after 15 days according to the bank.
I had entered into this distress deal because i wanted money for education of my child. I sold it on a much lesser than the market value so that i can get the money fast.
Here the person who was representing the buyer is a lawyer
2 agreeement to sell were signed one for the actual buyer and one with the lawyer who would be handling on their behalf. token money receipt has that as he was the one who gave the token money on their behalf and that is mentioned in the receipt.
10percent was given while signing of agreement to sell like normally it is done
by 30th sept the loan was to be paid or further emis to be paid by seller. he gave only a part of it and further started blaming that the 10 percent was included in the loan money.
blackmailed me and i had to pay the installments for 4 months.
the agreement to sell was not extended.
I kept on begging money from him and he kept on stalling and making inappropriate demands to give him the possession of the house etc. I was in desperate need of money as i had further commitements. I had lot of stuff in the house but the threats he gave were such that i being a layment and yes in need could not do much. they had taken loan from hdfc and i was supposed to return the excess amount which had come from them to me. thats ok as i am ready to return after accounting the same.
Now the registration finally happend after 6 months, 2 dds were given one in my name and one in my husbands name. I was given an assurance that tds and few other things lying with him would be returned to me. but he came empty handed. At noida authority he took my husbands draft and promised that he will do the needful formalites like tds filing, returning of my cheques etc and i will return his money.
Now it has been 15 days, he is not responding nor giving my securities back and take his money after due accounting but instead he is blackmailing me that he will file damages, want excessive amount, i had to use the money i got as it was urgent as i had further commitements. I want him to give my draft back, i am ready to give him the cheques but apparently he only wants cash. My money is also stuck. he is making unnecessary demands and blackmailing me...dont know what to do.....
can he hold my draft?? as it was given in good faith.
I dont have problem in returning his money but only after accounting and not bowing to his unreasonable demands.
the draft is in my husbands name with account no, from hdfc bank from where they have availed the loan.
this lawyers blackmailing tactics have done due harm on my health and my financial standing, my child lost one year of his and the money i got was in sort of parts which defeated the purpose of my selling the house, and now a good amount is there in the draft which is mine..........and he is blackmailing me and making unnecessary demands as he knows my childs education is on stake. dont know what to do.........the whole thing he has deliberately delayed it for 6 months.
please advice.......i am very stressed out
vandana