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Token advance

(Querist) 06 September 2016 This query is : Resolved 
Please some one can suggest how to get my advance amount paid.
I have paid Rs. 100000 through cheque for a flat as advance and no receipt was taken. Owners didn't showed me any documents related to property and they said those are in bank and will show you soon. I asked about the age of the building and they said app 3 or 4 years old. After 10 days they called me to see the documents which they got from bank, to my surprise that building is 8 years old as per the documents. That evening discussed with wife and decided not to buy that old flat and informed them we are not interested. After 3 days I have asked the owners to refund my advance, they say it's non refundable and not responding to our calls. We paid through cheque and no agreement or receipts made. Pls suggest can we get our money back?
Raj Kumar Makkad (Expert) 06 September 2016
You should file a suit for recovery against such person to recover your amount mentioning it as a friendly transaction if no document has ever been signed between you both. Bank transaction itself is a document.

You can also file criminal complaint for fraud against him because police authorities. better to engage a local lawyer for that purpose.
Rajendra K Goyal (Expert) 07 September 2016
Send legal notice for refund of your money and if no action file case of recovery. Your lawyer would draft notice best suitable in your case.


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