Unable to get refund in case of Land purchase deal cancellation
2 years ago
We had signed an agreement of sale with a land broker to purchase a land in Jamshedpur. We had already given him an advance of INR 7 Lakhs. The total cost of the land is INR 28L. While paying the next installment, we wanted the broker to accurately measure the land and also we wanted to meet the owner. But he resisted and started showing suspicious behavior. He did not agree with our terms and asked us to pay. But as we both didn't come into any terms, we asked him to refund our money. But he hasn't repaid, it is going to 3 years in another 3 months. He is avoiding our calls and not even giving us a deadline. We want to take legal action. How can we go about it???
A.Hi,
Section 424 of the Indian Penal Code states that "whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment if he does not give back the amount duly. File a complaint with the local police station or submit a legal notice that will be taken to court if not followed. Furthermore, you are need to move quickly in order to guarantee that the restriction time is not exceeded.
Thank you very much.
Section 424 of the Indian Penal Code states that "whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment if he does not give back the amount duly. File a complaint with the local police station or submit a legal notice that will be taken to court if not followed. Furthermore, you are need to move quickly in order to guarantee that the restriction time is not exceeded.
Thank you very much.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can hold him guilty under Section 424 of the IPC states that "whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment if he does not give back the amount duly. File a complaint at the local police station or send a legal notice which if not complied with will be taken to court. In addition to that, you are requested to act in an expeditious manner to ensure that it is within the limitation period.
Thank you.
You can hold him guilty under Section 424 of the IPC states that "whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment if he does not give back the amount duly. File a complaint at the local police station or send a legal notice which if not complied with will be taken to court. In addition to that, you are requested to act in an expeditious manner to ensure that it is within the limitation period.
Thank you.
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A.Dear client,
Whenever we make a sale of agreement for advancement of payment we always, mention a clause that if within a stipulated period of time the property is not handed over or if the buyer fails to purchase, a certain amount as a compensation goes for the both.
You need to immediately show the clauses of your agreement to an advocate, who will guide you with what you have signed.
You need to issue a legal notice in favour of the broker , owner and the developer.
You should register a complain in your local police station.
Thank you
Whenever we make a sale of agreement for advancement of payment we always, mention a clause that if within a stipulated period of time the property is not handed over or if the buyer fails to purchase, a certain amount as a compensation goes for the both.
You need to immediately show the clauses of your agreement to an advocate, who will guide you with what you have signed.
You need to issue a legal notice in favour of the broker , owner and the developer.
You should register a complain in your local police station.
Thank you
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Vaidehi Samant
Responded 2 years ago
A.Issue a legal notice to him through a lawyer asking him to pay back. If he doesn't agree or doesn't reply to the notice or doesn't comply with the terms in 15 days than you may file a civil money recovery suit against him. Thank you.
If you have found the answer helpful than please provide review and give***** as appreciation.
If you have found the answer helpful than please provide review and give***** as appreciation.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary to scrutinize that Agreement of Sale for its terms, conditions and default clauses. Please take note that your verbal reminder to that land broker cannot help you legally and even if you try to gather evidence through whatsapp messaging,that will be of less/ no evidentiary value as per the latest verdict of the Hon'ble Supreme Court of India. So now it is your decision, whether to make this issue time barred for litigation or not.
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