izzner (Manager) 13 December 2011

How to handle this issue

Hi there friends,

Read my story and please suggest course of action

In May 2010, I paid 6 lakhs by cheque as advance to a person(Seller) for purchase of Bungalow of 65 lakhs. Since I was not aware much of law as suggested by firend I took a reciept of the payment of 6 lakhs on 20Rs stamp paper with two witnesses but not registered anywhere also did not notarise it.

Now the Seller said he has some medical treatment and will not be available for two months. So after two months when I contacted the seller I found that he sold the bungalow to another party for 65 lakhs.

Now when I asked for my money back he is saying he has no money as he incurred huge loss in business which is false as he freely roams in a Skoda superb.

Please help me. Police is not registereing my case saying they cannot do anything.Layers are also not taking the case seriously.

Please HELP. Under which sections can i file a case againsts.

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4 Replies

niranjan (civil practice) 13 December 2011

If thereceipt given by seller speaks of an earnest money against selling the house,you may file suit for specific performance against the seller and subsequent purchaser and therein also ask for return of money with interest and damages.

izzner (Manager) 13 December 2011

Thankyou Mr. Niranjan,

On the Reciept given by the seller it is mentioned that Rs 6 lakhs is advance for the purchase of Bungalow. The reciept is on a Rs 20 stamp paper signed by two witnesses.

Also is it mandatory to send legal notice to the party through my layer before filing a case in the court.. A friend told me that we have to send notice fist to the seller and wait for six months before filing case... is this true.

can I file a criminal case... under which sections??