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Buyers of flat not given money back

(Querist) 20 November 2013 This query is : Resolved 
we were in process of buying a flat in Nallasopara (mumbai) it was 2 yrs back seller agree to sale the flat in RS. 13,20,000/- we paid 20% i.e 2,60,000 as a token amount and took a receipt of the same seller also got a NOC from builder for selling the flat it all happen smoothly we were trying to make arrangement for a loan it took 6 month to us by the time our loan get sanctioned the seller turn up saying that he dont want to sell the flat he wont to sell some one else we said ok so give us money back but it is almost two year he is not giving money back in addition to that he is saying that he has given a amount of
Rs. 2lac to builder to get the NOC so he will give the money only when builder give him?
ajay sethi (Expert) 20 November 2013
you must always have loan pre sanctioned before buying flat . loan formalities take time .issue legal notice to seller for refund of your money with interest . if he fails to pay file recovery suit .
BAALASUBRAMANNYAMM (Expert) 20 November 2013
File a suit for recovery of advance amount and ask for an order of "attachment before Judgement" for realization of your amount. If you get an order, no body will come to buy the flat, unless your dues cleared by the seller.
Rajendra K Goyal (Expert) 20 November 2013
Well advised, nothing more to add.


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