Refund of Token money in property purchase Refund of Token money in property purchase

3 years ago

I was interested in buying a property from an individual seller, so I paid a token money of INR 25000 via IMPS. The seller committed to return the money within 3 days of payment if any issue arises.
But due to poor build quality of the house, I didn't bought it.
We didn't do any agreement
Now the seller is making excuses in refunding.
He is also asking for property verification report which I got for INR 4000 and saying he will not refund unless he has the original report in hand.
I cannot trust him as his tone and behaviour has changed drastically and things have become very stressed.
He is a doctor and he is threatening me that he wont return my money until I hand him original property verification report at a place decided by him.
Please suggest

Adv. Sarika Khude

Responded 3 years ago

A.You can be asking that pay the property verification report.
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Advocate Niyas Fazal A

Responded 3 years ago

A.So you can asking that pay the property verification report expense then I will handed over it. Never handed over that property unless and until you realise the token amount along with property verification expense.
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Anik

Responded 3 years ago

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A.Hai,
The lender can file a civil suit for recovering the money he owed through promissory note or loan agreement. He can do so under Order 37 of CPC which allows the lender to file a summary suit. This suit consists of an important declaration stating the specific relief the lender pleas and the relief should not be beyond the ambit of the order as final relief. If you find this helpful, please rate us.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hai,
In case of default in the payment of money, the lender can approach the court and file a civil suit for recovery of money or a criminal suit for fraud/ breach of an agreement. CIVIL SUIT: The lender can file a civil suit for recovering the money he owed through promissory note or loan agreement. If you find this helpful, please rate us
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