Down payment refund rules
amit shinde
(Querist) 05 February 2014
This query is : Resolved
Hi,
I have given down payment for 2nd hand car and due to some reason need to cancel this deal.
Car owner is now refusing to return my money. What should i do????
As per proof i have my banks statement which shows cheque payment details.
Please advise me.
Dr J C Vashista
(Expert) 05 February 2014
What are the terms of your agreement,did you incorporate the condition for refund of paid amount at any stage of contractual obligation?
If yes,have you demanded?
Incomplete informations and vague query.
Rajendra K Goyal
(Expert) 05 February 2014
Whether any written agreement was entered and any refund terms were agreed.
Better try to arrive at the amicable settlement.
Litigation path would be uncertain, time consuming and costly.
ajay sethi
(Expert) 05 February 2014
how much down payment you made? did you execute any agreement ?what were clauses in said agreement ?
if seller is refusing to refund issue him notice to refund your advance payment made
amit shinde
(Querist) 05 February 2014
I was little disappointed after reading reply’s which I receive.
How many people make papers before buying 2nd hand car or for giving down payment?
Still in all reply people are asking for paper work.
I just wanted to know what general rules for such scenario and can I get help from police or court.
ajay sethi
(Expert) 05 February 2014
without paper work lawyers dont proceed in purchase or sale of any movable or immovable property . you dont have any documentary evidence . without paperwork neither courts nor cops can help you
malipeddi jaggarao
(Expert) 05 February 2014
When you do not have any papers, no legal action can be initiated. However, on ethical grounds one can force for refund. That all depends upon the person with whom you are dealing, what is loss he incurred by believing that you will purchase the second car etc.
T. Kalaiselvan, Advocate
(Expert) 06 February 2014
For the queries asked here, only legal solutions/opinions can be offered here, you cannot expect a reply suiting to your taste or desire here. Without any valid record or evidence, it will be difficult to recover/ get the amount refunded.
Dr J C Vashista
(Expert) 07 February 2014
If you did not make any written contract/ transaction nothing can be done.
Rajendra K Goyal
(Expert) 07 February 2014
You have not mentioned the amount involved, if it is more than the litigation cost, leaving it would be a better avenue.
