Refund of rs 15.75 lacs paid for lease
Job Chithalan
(Querist) 11 July 2017
This query is : Open
After a trial stay at Melur Meadows Retirement, near Mettupalayam, Coimbatore, I became interested in leasing an unfurnished flat for five years, with a view of spending my last days at Melur Meadows.
Directors were in financial difficulties. I empathised with them and trusted them. To help them and for or the sake of future good will, I paid them 15.75 Lacs, full amount for the lease.
I have a signed receipt for the 15.75 Lacs paid.
That was in January 2016.
However, after studying the lease, and due to other issues, I decided not to proceed.
I did not sign the lease agreement.
The company (Melur Meadows Alternative Lifestyle Private Limited) has been holding on to my 15.75 lacs since January 2016.
In an email, a director did promise that they will refund the money.
But they missed two promised dates for making payments.
Directors have clearly broken their written promises to refund.
Now they are giving me all sorts of excuses.
One of excuses, about their inability to refund is:
They are in a dispute with DTCP (Department of Town and Country Planning).
So they can't sell any of the 25 remaining flats. They can only lease the flats but have not found anyone else.
I requested them to pay me a small interest on the 15.75 lacs, till they are able to pay the full amount
But they have not agreed.
The directors are now referring to clauses in the written lease agreement, such as 'lock-in period' for 3 years.
I pointed out that I did not read, let alone sign the agreement, before payment
Srinath argued, "why did you pay the amount?".
I replied, "I wanted to help you and I had the intention to lease. But for various reasons, I had to change my mind".
They stopped replying to my emails.
Do they have a legally valid agrument for not refunding my money?
I tried for many months. Have been patient, understanding and flexible.
But now suspect that they have no intention to return my money.
I am a 71 years old pensioner and can not afford to lose 15.75 lacs.
I require a lawyer in Coimbatore who is good at mediation for me and take legal action, if found necessay.
Job Chithalan
job_cf@yahoo.co.uk
Dr J C Vashista
(Expert) 14 July 2017
Too long a story and not a query, be brief, no time to go through and form an opinion.
Consult a local lawyer.
Job Chithalan
(Querist) 14 July 2017
Query.
Are there any lawyers in Mettupalyam or Coimbatore, who can negotiate/mediate on my behalf and if found necessary, take legal action?
Thank you.
job_cf@yahoo.co.uk
