Builder not giving discounted amount on flat

mahesh bhatt (Querist) 28 April 2023 This query is : Resolved
I had booked a property with a company called Signature Global through a broker. At the time of booking, the broker had informed me that they would receive a 5% commission of the total property amount, which was approximately 3.2 lakh rupees. The broker had also promised to transfer the money to me once he received it and asked the me to pay them whatever they deemed appropriate.

However, the broker has not yet transferred the promised commission to me even though they received it on January 20, 2023. Despite repeated requests for payment, the broker has given the person different excuses and has not paid them the commission as promised. The broker had initially informed me that they were working for a company called "X," but later revealed that they had left that company and started their own business. The money was transferred to the broker's company account, but the owner of the company is not giving the money to the person.

"I don't have anything in written yet but the broker told me that if it is required I can give you in written and you can file a complaint regarding the company which got the amount"

Could anyone advise me on what I can do?

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Quick Summary

A buyer booked a flat and was promised a 5% commission from the broker, amounting to approximately 3.2 lakh rupees. The broker received this commission in January 2023 but has since failed to transfer it to the buyer, offering various excuses. The buyer is seeking advice on how to recover the promised amount, especially since the broker is now operating independently and the money went into their company account.

T. Kalaiselvan, Advocate (Expert) 28 April 2023
You cannot enforce any oral agreement and neither can claim any amount from him just because he had assured to pay it.
you have purchased the property after paying the sale consideration amount, if you were so keen on the brokerage, you could have informed the seller about it and got the commission directly.
You cannot file even a cheating case against the broker in this because demanding broker commission for the property that you purchased itself amounts to illegal demand

mahesh bhatt (Querist) 29 April 2023
Ok, Sir. Thanks for the answered.

P. Venu (Expert) 01 May 2023
Yes, such oral promises are unenforceable.

mahesh bhatt (Querist) 01 May 2023
But sir now he can give me in written @P. Venu

T. Kalaiselvan, Advocate (Expert) 01 May 2023
The written agreement until and unless if it is executed by a registered document, it is not enforceable in court of law.

P. Venu (Expert) 01 May 2023
Contact details could be accessed from my profile.

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