Seller backing off after taking part payment

3 years ago

I have booked a flat through agent. This flat was under resale transaction where seller took token amount as well as the part payment was made to him . We have signed the MOU but it is not registered or notarized. Later the seller backs off saying his neighbor wants that flat and society will not allow you to purchase it . He just send whatsapp message saying that he has cancelled this transaction from his side and MOU is not registered. He does not meet in person afterwords. That money was refunded by him but now I feel cheated , I have also sent a notice to the society as well as the person .This seller is a senior citizen so i have to use peaceful way to contact with him. I just wanted to know that will this case be treated as fraud by the court? If buyer cancels the MOU , the token amount is non refundable but if seller cancels it then is it possible to cancel the MOU through a mere whatsapp message ? and what is the penalty for a seller. I have paid personal loan by paying extra amount just after giving token so that it should not interrupt in loan process. Its been a huge loss because of cancellation of this deal. as well as a mental pressure . Seller is taking undue advantage of being a senior citizen. Please advice how I should deal with this after sending the notice (saying that it is a fraud )