Regarding refund of token money against property

Iusse a legal notice to owner calling upon him to refund your token amount as the terms of the oral agreement could not be fulfilled. as per oral agreement, the sale would be finalised once you would obtain bank loan for the desired amount. since that has not happened, you become entitled for refund. see what the owner replies. if no reply from owner or if he denies to refund your money then you will have to file a police complaint. a court case is not advisable as the expenses will be more than the money to be recovered. 

What evidence you have to prove that you gave Rs. 40000/- to the Company?

What evidence you have to prove that the Company said that they will refund the amount, in case loan is not sanctioned?

Sir,

Issue them a legal notice .... 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

we gave the cheque of 40k on the name of that company which is showing in our bank statment