Breach of agreement
Ananda
(Querist) 22 July 2014
This query is : Resolved
Hi,
We made sale agreement on e-stamp paper where we have explicitly mentioned to seller provide form 9 and 11 at the time registration(Karnataka)
But now he is refusing even he not ready to return the advance amount.
What are the steps I can take to get back my advance/site.
Please help me
Regards,
Ananda GM
Devajyoti Barman
(Expert) 23 July 2014
What are the terms of the agreement regarding refund of advance money and cancellation of the agreement?
If you are entitled to refund then you have to file a civil suit to get this back.
malipeddi jaggarao
(Expert) 23 July 2014
Perfect reply by expert Shri Devajyoti Barman. NO need to add anything.
ajay sethi
(Expert) 23 July 2014
agree with Mr barman
Rajendra K Goyal
(Expert) 23 July 2014
All the terms of agreement need to be referred, consult local lawyer. agree with the expert Devajyoti Barman ji.
Ananda
(Querist) 23 July 2014
hi,
We made sale agreement on e-stamp paper where we have explicitly mentioned to seller provide form 9 and 11 at the time registration(Karnataka)
But now he is refusing even he not ready to return the advance amount.
What are the steps I can take to get back my advance/site.
in the agreement we have mentioned that when we call him for registration he will come with all the documents required for registration and we have not mentioned any particular date about cancelation and registration.
and there is clause in the agreement if he doesn't turn for registration we can take legal action against seller.
site has been purchased for 13 lacks and we have made an agreement on 250Rs E-stamp paper, is it valid for filing case?
if I file a case should I need to pay the court fees?
what is the estimated court fees would be(in Karnataka)?
Ananda
(Querist) 23 July 2014
please suggest me on above things
Anand Bali Adv.
(Expert) 23 July 2014
Dear Ananda, Your agreement is valid and on the basis of its terms and conditions you can file a case of the specific performance or refund of the advance money as per the agreement. Though the court fee matter is a state subject and vary from state to state but in the refund claims as recovery suit the court fee will not be more than the 4% of the advance amount you have given and claim for the return. It is to be noted that while the order and judgement of the case the court usually allow the case order along with the cost of the case which include the court fee also So you rest assure that yu will get it back along with the refund money.
Ananda
(Querist) 24 July 2014
Thank you Anand sir. now I ma little relief about this thank for your valuable suggetion
T. Kalaiselvan, Advocate
(Expert) 25 July 2014
In a suit for specific performance of contract, as an alternative prayer you can ask for refund of the advance amount paid by you. Since the sale agreement is not registered, it loses the legal validity for enforcing the sale, however the agreement can be evidenced for money receipt. Consult a local lawyer and proceed as per his further advise on this issue.
