Broker and seller duped
Neelamneelam
(Querist) 21 May 2015
This query is : Resolved
I tried buying an overpriced shop (31 Lacs) made in residential area in East Delhi by paying token money of Rs 4 Lacs. For balance payment, I was given a time for 6 months under following conditions - Same dealer will take over my flat for Rs 18 Lacs and same dealer will get my another flat sold for Rs 22 Lacs within 6 months. In short, I would pay Rs 4 lacs + Rs 18 Lacs (as he takes over my flat) + 9 lacs (by selling another flat). This would have left me with Rs 9 Lacs + a shop + no flat in hand. Same was put up in agreement too. However, after paying Rs 4 lacs, dealer could not help in selling my flat resulting I could not arrange required money for the shop. Agreement neither had the clause for refund nor forfeiting the token money. It has been 9 months and we are following up for the refund of our token money however they are not returning same as they have not found another buyer for the shop yet. It was concealed from us that shop and adjoining flat (both belong to one owner) has an ongoing combined loan on it. This is the reason why none is interested to buy this shop. Pl. help at earliest. Agreement is not renewed. I don't have money nor time to file a legal case as I had borrowed 4 lacs for 6 months and debtors are after me like I am after those cheats.
Kumar Doab
(Expert) 21 May 2015
If the dealer was not owner of the shop you should not have entered into such agreement.
If the property was under loan you should not have signed such agreement.
If the property was under loan and not inserted in agreement then you may have some standing.
If there is no clause on forfeiture then you may have some standing.
It is in your best interest to approach an able lawyer dealing in such/property/civil matters.
Who else according to you can help you.
If you wish you may try some seasoned police officials, or community leaders or influential ones to arbitrate and bring you out of the mess on some amicable terms.
T. Kalaiselvan, Advocate
(Expert) 24 May 2015
You have no option than to approach civil court for recovery of money on the basis of the agreement which can be considered as a receipt for the money given.
