Max 25 December 2015

House owner refusing to return token advance

Hello All,

Request your guidance on the following situation. Kindly suggest.

Couple of weeks back I visited an apartment in Bangalore and liked it for rent. Checked with the agent who was accompaning me for the visit (as owner lives out of India) with all aspects including power backup facility. He confirmed on 24 hours full apartment power backup. As we have liked the apartment, we confirmed our liking and as suggested by the agent company I transferred token amount of one month rent to owner's account through online transfer. Got email confirmation from the agent saying owner has received the amount.

I paid another visit to the apartment to identify few repair works to be done. The same agent came with me and once again confirmed about power backup facility (as this was one of primary criteria I had).

Then I was scheduled to move to the apartment in new year and started planning. Last week (two weeks before scheduled move) I received a call from agent office informing me that there is no power backup in that society. I expressed my concern and next day I informed them that without power backup I won't be able to proceed. And, I requested them to arrange refund of the token amount.

After couple of days, agent called me back saying owner is not agreeing to refund the money. I asked the agent to help me and I was told even agent manager is not agreeing. I have also writted to the owner and he is not responding so far.

I have not signed any agreement or whatsoever. I have email communication and online payment screenshot (which I also shared with the owner and agent) of paying the token amount to owner's account. In such context, how should I proceed? Any suggestion would be much appreciated.

Thanks!

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2 Replies

H.JanakiManohar Rao (lawyer) 25 December 2015

First u give a email notice to the owner of d building that the broker has mis guided and given false information regarding facities in the building with a copy to the agent.And request to refund the advance paid within 10 days otherwise cheating case will be filed against both.After 10 days you proceed legally.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 26 December 2015

At first you do as advised by Mr. JanakiManohar Rao. If you do not receive the money back you file a Complaint before the District Consumer Forum having jurisdiction citing the owner, the agent and any other parties involved as Opposite Parties. All of them are 'service providers' and you a 'consumer' under the Consumer Protection Act, 1986. Filing a case in a consumer court is simple and much faster than a regular civil court. If you are a resident of Bangalore, you have time and you feel competent enough you can yourself fight the case without engaging a lawyer. Filing a complaint is simple and it is as simple as it would be if you were to complaint about a person say to his father. You have to state clearly the identities and addresses of yourself and all the opposite parties, narrate your case and last but not the least state clearly the redressal you want. Finally there will be a verification statement stating that whatever you had stated in the complaint were true to the best of your knowledge and belief. As far as written documents, which you do not have, it would be enough if you give sworn affidavits. Such affidavits can be statements in the body of your compalint. No separate affidavits are necessary. There will be a small fee for filing the complaint. Earlier it was Rs.100/-. Now it may be more. You can ascertain this from the Forum office. Normally in cases like these the parties behave in this manner because they fell that you are helpless. Once they receive the notice from the Forum their attitude will change. As the main opposite party, the landlord is abroad he will be handicapped to fight the case.

If you want to file a cheating case it will be a criminal case to be filed in a magistrates court. That is your option.