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Santosh (Consultant)     13 June 2012

Token money refund for rental

I had planned to take flat on rent and gave an token amount of Rs 35000/- as cheque to the broker. I did not take a receipt for it.
 After 2 days i decided not to take the flat on rental and informed the broker accordingly.  The owner is not agreeing to refund the amount.

What should i do in this case. I have even tried to offer Rs5000 for any loss he incurred.

What is the legality of the token amount in case i need to get this refund?

 



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 June 2012

1. Did you sign any agreement ? 

2. Did you have justified reason not to take the property ? Was it because of some misrepresentation ? Variance between promise and performance ? if ther ewas no excusable cause - then it constitutes breach of contract, and they can have damages. Even then they can't appropriate the entire amount as damages but only a reasonable amount of the same. 

Neha Chowdhary (Law Officer )     13 June 2012

I do agree with Sir's reply......if u have not signed any document...u can ask for refund.....collect details from ur bank in whoes name said cheque was encashed.......u can send them notice calling for refund....and afterwards if required legal action....

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     13 June 2012

If you did not signed any letter or documents then you can filed a complaint to police station & afterthat take necessary legal action.

Santosh (Consultant)     13 June 2012

1) I did not sign any document 

2) I provided proper justification to the owner and told him under my personal circumstances i am withdrawing . I understand there was a breach of contract ( which is verbal)  but then he cant deduct the whole amount.

But is token considered as an contract ( without anything written n and signed). If the understanding and the circumstances change for the deal then i can back out since there is no legal document supporting it right.  Is an verbal understanding admissable as per the law?


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