Recovery
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 18 April 2014
This query is : Resolved
Sir m a purchaser, I have approached a developer, n it was agreed between us that ill purchase a flat in bldg admeasuring area of 550sq.ft for total consideration of Rs. 14 lakhs at thane. N after harmonious talk I have advanced him token amount of Rs, 1lakh n to that effect developer has given receipt of same on a stamp paper and it was agreed that balance 2 b paid after sanctioning of loan from bank, now bank has held me un eligible for loan amounting to Rs. 11 lakh, so I have addressed a legal notice to developer to reimbure my token however he is refusing to reimburse d same. N sir in that stamp paper no where it was mentioned that if I could not performe d contract then my token amount is liable 2 b forfeited. So sir I knew that Suit for recovery is to be filed, but under which provision I m entitled to get back that token amount, plz advice
Devajyoti Barman
(Expert) 18 April 2014
Go for negotiation as if he refuses to do so then you have to go to litigation in consumer forum.
Rajendra K Goyal
(Expert) 19 April 2014
The terms and conditions of agreement have to be seen, if any entered.
Litigation is lengthy procedure, you have already send the legal notice, now you can move to consumer forum if no amicable solution arrived..
