Advance payment recovery

Shubhi (Querist) 22 December 2014 This query is : Resolved
Greetings!!

I have made a payment of 4.5lack for purchasing a plot about 1.5 yrs back. Registration hasn't been done yet. about 7 months back I decided to take back my money and not go any further with the deal. Land Owner/agent has agreed to return me my cash but they keep delaying it since all these months. Now I am planning to go legal action to speed up the process and also for the damage caused due to delay.
could you please advise how best should I proceed with it?
Many Thanks in advance!!

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Devajyoti Barman (Expert) 22 December 2014
Cancellation of sale agreement does not depend on sweet will of the party, more son when the other one is not at fault.
I don think taking legal recourse would be of any help to you.

Shailesh Kr. Shah (Expert) 23 December 2014
please states following :-

is any agreement executed between both parties ?

if yes, in that agreement, any clause which allows to take refund of money >

V R SHROFF (Expert) 23 December 2014
Issue legal notice to return your amount, as both of you mutually agreed to cancel the deal & rtd ur money..

Rajendra K Goyal (Expert) 23 December 2014
Have you any written agreement for purchase and cancellation? Whether the purchase agreement contains any clause for refund on cancellation?

If you would be able to prove that seller agreed to pay after cancellation, try to get post dated cheque from him otherwise issue legal notice.

ajay sethi (Expert) 23 December 2014
contact a local lawyer and issue legal notice for refund of money as seller has agreed to refund you Rs 4.5 lakhs paid by you . do you have nay receipt of money paid?

Shubhi (Querist) 23 December 2014
Thanks all for your advise..
I do have the money receipts and the purchase agreement.. but as mentioned, land registration hasn't been done yet. so i guess it isn't officially imposed deal on me to have to buy it.
How much the legal notice will help speeding the process? I hope it won't just be another official doc and getting trapped in more formalities?

ajay sethi (Expert) 23 December 2014
legal notice is necessary as seller has failed to honour its commitments . i do hope that seller has in writing offered to cancel the deal and refund your money . contact local lawyer