flat deal cancelled

Querist : Anonymous (Querist) 24 March 2010 This query is : Resolved
Dear All,

I had made a payment of 3lakh rupees to the flat owner for purchase of flat ,now he is refussing to make the advance payment 3lakh which was paid to him by cash i had taken the money on loan from money lender ,wht is the solution for the same can i take a legel action against them?

please reply soon

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n.k.sarin (Expert) 24 March 2010
It depends on the terms and condition of the agreement.In normal circumstances you can claim your money back.
your are free to take legal action,there is no hurdle.

Parveen Kr. Aggarwal (Expert) 24 March 2010
In case you have proof of payment of Rs. 3.00 lacs to the flat owner and the terms of agreement permit you to withdraw therefrom with liberty to get your advance money back, you can certainly claim your amount back. Otherwise not.

prakash vathore (Expert) 24 March 2010
i do agree with mr. sarin.

Querist : Anonymous (Querist) 24 March 2010
Dear Sir,
I had made the payment by cash ,so we have not done any agreement on stamp paper,I have a written document duly signed by him ,which says that he has received the cash for the deal,after that within a week time I had given him a written letter for the cancellation of the deal,for that letter i do not have a signed copy,If i need to take a legal action against him ,whom should I contant and wht could be the charges for all,please reply awating for your response

Parveen Kr. Aggarwal (Expert) 24 March 2010
You should serve a notice calling upon him to pay your amount together with interest. On his failure to do so, you may file a suit of recovery of the amount with interest.

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