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Deepak (ABC)     30 June 2011

Token amount not refunded

Hello,

I booked a rented flat on 25th June 2011 in Goregaon in Mumbai...I paid Rs 12500 to my brokers (Rs 10,000 as token (as asked by him), and Rs 2500 as my share of stamp duty and registration). I also met the owner before making the payment.

The very next day (ie., on 26th June 2011), I called up my broker to cancel the deal due to personal reasons.

The day after that (ie., on 27th June 2011) early morning, I also called-up the owner of the flat, to talk to him about the cancellation and the token refund.

But, now he is not returning my token amount.

Out of the 12500 I had paid to them, they said 10,000 was token, which is not refundable, and 1400 was spent on agreement and stamp duty, hence they have paid me the remaining Rs 1100 only from my Rs 12500.

Unfortunately, I made the Rs 12500 payment in cash, and also did not take any receipt...So I understand its a difficult case for me

But still wanted to know from you people, whether there is anything I can do to get back my money...

Thanks

Rgds,
Deepak



Learning

 5 Replies

pervez (adviser)     30 June 2011

If no witness, forget yr claim...

Bharatkumar (ADVOCATE )     30 June 2011

U make any agreement / receipt / deed for that and if u pay rupee to broker u call broker for returning the tokan amount. And if u cancel the deal the owner is not returning the tokan amount.

mahfooz (advocate)     30 June 2011

i think that token amount is not refundable because all parties are agreed for the contract.

Doveson (advocate)     30 June 2011

Its always nonrefundable if there was no understanding that its was refundable. U r not entitled to get back the 10,000. But the stamp duty paid is refundable. Broker charges r nonrefundable. He did his work. Thats the very rationale behind the idea of token money.

Doveson (advocate)     30 June 2011

U can however try ur luck by twisting the facts creating a nuisance to him so that he may just pay u and buy peace of mind. But in law u r not entitled to get it back.

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