Token amount

Janhavi Mantri (Querist) 04 July 2017 This query is : Resolved
Dear Sir,

I have a flat in Lower Parel available for rent. I found a potential tenant via no-broker on 28thJune. We agreed on rent + deposit (INR 37,000+ 1 Lakh Deposit) and he gave INR 6,000/- as token amount. The agreement was finalized on 28th June itself and it was decided that we will do the registration on 1st July itself so that he will move on 1st July which was a Saturday.

Later on Friday evening he informed us that Saturday won't work for him on registration and hence we moved the registration on 3rd July, Monday. He as given a cheque for deposit amount on Friday which was dated 3rd July we we could not deposit till Monday.

Yesterday he had called to say that he wants to move on Sunday which we refused as there was not agreement + deposit money in hand. I told him that Monday morning I will deposit his cheque of 1 Lakh on Monday and at the time of registration which was today at 10 am I will handover the key. That guy then said that he wants key on Sunday itself and then cancelled the deal.

My question - Was I right in my stand? I did not have any document how can I handover the key? I was paid 4000 advance for registration as well to a lawyer. Now this guy is asking 6000/- refund. Am I liable to pay him the token amount back?

Please give your valuable inputs.

Regards,

Janhavi

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Rajendra K Goyal (Expert) 04 July 2017
Prefer for an amicable settlement, not a big amount involved.

Any legal step would be more expensive.

Kumar Doab (Expert) 04 July 2017
Is there any communication on record that token amount is for agreement and if tenant does not appear for registration the expenses incurred shall be adjusted!

The tenant is not interested to take premise on rent and also not pay for expenses incurred by you.

Either decline and meet his claim on merits or resolve amicably or bear the loss.

krishna mohan (Expert) 05 July 2017
Engagement of lawyer if known and informed to your potential tenant you can adjust. If not you discuss with him to come for amicable settlement after adjustment of your expenses.