Fraud in case of wrong quoting of house

Querist : Anonymous (Querist) 06 September 2011 This query is : Resolved
ONE OF MY CLIENT MADE SALE AGREEMENT FOR PURCHASE OF LAND MEASURING 108 SQ YARDS.WHILE CHECKING FROM THE ARCHITECT ABOUT THE MEASUREMENT OF LAND , IT HAS BEEN FOUND IT TO BE 77.15 SQ.YARD. CLIENT PAID ADVANCE AT RS.150000/-.THERE IS CLAUSE OF INDEMNITY IN CASE OF NON-EXECUTION OF CONTRACT. CAN I FILE CASE U/S 420 AND ALSO PROVIDE THE DEMO DRAFT COPY.I AM STUDENT OF CA FINAL YEAR.

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ajay sethi (Expert) 06 September 2011
issue legal notice and request him to return the advance amount if you dont want to proceed with the deal . before proceeding to purchase the property you are supposed to do due diligence .it appears in this case that no spade work has been done . if seller refuses to return the advance amount then you can proceed legally against the seller .enegage a local lawyer for drafting and filing

prabhakar singh (Expert) 07 September 2011
Hardly you can make out a case of 420as while buying you too need to perform buyers duties,how ever your civil rights are alive,so is your advance.

If you are still interested in buying the property then ask the seller to reduce the price in proportion to reduced area.
In case you are not interested to buy now serve him a notice of demand to refund your
advance together with interest you want to claim(chose a reasonable rate not an arbitrary)if already not agreed and stipulated in agreement of sale and if he does not pay heed then file a suit of recovery.

Doing all this requires a personal service of lawyer so better engage one,the sooner the better.