Refusing to repay my advance amount and not selling property

inayat (Querist) 11 July 2023 This query is : Resolved
Dear Experts

im inayatullah from andhra pradesh ,Approximately six months ago, I entered into an agreement with a seller for the purchase of a commercial space. As part of the agreement, I paid an advance amount of INR 1.5 lakhs towards the total property value of INR 51 lakhs.

he is a big rowdy,and expert in land scams, and he is right hand to our local MLA , if i ask him he is scolding us like anything,and if we want to proceed legally we are afraid that he may harm us, agreement papers also with him ,he is refusing to give documents,we have only xerox copies agreement papers..

However, to my dismay, the seller has now refused to complete the sale and is unwilling to return my advance payment. This situation has caused me significant financial distress and uncertainty about how to proceed.

Given these circumstances, I kindly request your immediate guidance on the legal actions available to me in order to secure the refund of my advance payment. Please advise on the necessary steps I should take to protect my rights and interests in this matter.

I appreciate your prompt attention and expertise in helping me navigate through this challenging situation. Please let me know how we can proceed further in addressing this issue urgently..

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Quick Summary

A buyer paid an advance of INR 1.5 lakhs for a commercial property but the seller, described as a 'rowdy' with political influence, is refusing to complete the sale and return the money. The buyer fears intimidation and has only photocopies of the agreement. Legal advice suggests filing a civil suit for recovery after issuing a legal notice, as a police complaint might be ineffective due to the seller's connections.

kavksatyanarayana (Expert) 11 July 2023
You know that he is not a correct person, though you gave him advance to purchase. If you file a suit in a court, can you face the sequences?

Advocate Bhartesh goyal (Expert) 12 July 2023
Act of seller comes under purview of cheating . You may lodge FIR against him or file civil suit for enforcement of agreement. Better contact to local lawyer for necessary action.

T. Kalaiselvan, Advocate (Expert) 15 July 2023
The police complaint may not fetch you the desired result because he may use his influence with police and get your complaint closed by force.
Hence you may better file a suit for recovery after issuing a legal notice communicating your decision to cancel the sale agreement and demand refund of the booking amount paid to him.
After that you can approach court if he is not complying with the demands made

P. Venu (Expert) 16 July 2023
This forum can offer suggestions based on facts and the legal elements therein. Our country is governed by Rule of Law and violation of any law and the denial of legal rights are enforceable through the due process. It is impossible that there could be anyone who is above the law. May be, some persons are pretending so, but it is only because of the passive attitude of the affected persons.

As such, you have the option to approach the court in a civil action seeking specific performance of the agreement.

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