Seller asking for damages for delay in payment due to bank and not giving possession

2 years ago

I bought one resale property in Mumbai for 40 lakhs. I paid 1 lakh as token on 1st March, 21. Verbally on the assurance of banker I had given verbal assurance to seller that the bank will give us 25 lakhs loan upto end of March,21. But because of corona and banks problems I did not get sanction letter and loan. On 27th March,21 I paid seller 9 lakhs more and entered sale agreement and registered. In sale agreement it was mentioned that the buyer will pay 25 lakhs to seller and in turn seller will pay his loan dues and collect original and loan clearance certificate from their bank. And on receipt of it society will give noc. But later seller informed me to tell your bank to make payment to our bank of Rs. 25 lakhs. It took too much time. And later bank told me that you will get only 20 lakhs loan. So you pay seller Rs. 5 lakhs and collect foreclosure letter from their bank for 20 lakhs. On 3rd May we got NOC from society for getting home loan. In Agreement it was mentioned that buyer should have to pay balance amount of Rs. 25 Lakhs to the seller within 30 days from the date of receipt of NOC from society (After getting Bank no loan dues cert). On 1st June, 2021 bank gave me cheque for Rs. 19.60 Lakhs in the name of seller. Bank told us that the balance amount of Rs. 40 thousand will be paid to seller on receipt of Loan clearance certificate from sellers banker and original agreement as per seller LOD, After payment of 19.60 lakhs seller approached their bank for no dues certificate and get the same after 15 days i.e. on 17th June, 21. Then again we took NOC from society for getting home loan on 8th June 21 dated 15th June, 21. Bank will pay me cheque witin 2-3 days i.e. upto 26th June,21. However now seller is asking for damages for delay in making payment of 25 lakhs and not givin g possession. Kindly let me know what to do.