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Jayanti Devi (Student)     25 November 2024

Flat buying sale agreement

Flat buying sale agreeent executed beween buyer and seller after 30% payment

as per cancellation clause, buyer sent notice and invoked cancellation and requested refund as per clause after deducting 4%.

seller received letter but neither refunding nor responding ... stopped receiving phone calls

so violating the specific performance as per contract act

question is

a) does seller have any legal right to retain the  paid up amount from buyer?

b) can buyer initiate criminal proceedings in criminal court under section 136 of crpc?



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     25 November 2024

1. Seller cannot deny to return the advance amount on cancellation of the sale agreement, the buyer can initiate money recovery suit if the vendor is non responsive.

2. No, buyer can institute a money recovery suit because it is not a criminal offence.

Jayanti Devi (Student)     25 November 2024

money recovery suit takes 10 years in civil court they will keep on postponing dates... any other way out???

Real Soul.... (LEGAL)     26 November 2024

Issue legal notice and calim amount with intrest and damages, if there is mentioned in agreement about criminal breach then only you can file criminal complaint. 

Advocate Bhartesh goyal (advocate)     26 November 2024

You have no option except to file money recovery suit. No criminal case made out.


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