Token advance refubd

Hari Konanur (Querist) 23 March 2021 This query is : Resolved
Namaste sir

I agreed verbal deal with flat seller in Bangalore for 56.5 lakhs and for which i paid Rs 5000 in cash to collect xerox copies of documents.

When i gave Rs5000 amount, the papers were not ready with the seller and asked me to collect after 2 days and as a good geature i agreed

After 2 days sellers asked me to collect papers but i was little bit reluctant because i recalculated my existing loans and next procurement of loans and it's emi.

So all these expenses including registration charges went up to 61 lakhs but I was not affordable to this amount.

So i did not collected papers though sellers kept ready for me.

Then i requested to return back my Rs5000 amount as conditions was not laid by duo and it's being in verbal.

Now seller is considering this as token amount and says amount cannot be refunded.

I requested at least deduct 20% of Rs5000 and return balance Rs4000 and for which no reply from the seller.

The seller replied that "token amount cannot be refunded in anywhere else and I'm not exception "

Every conversation between us is through wattsapp messages and i screen shot to save in my PC and also taken hard-copy

Is I'm at fault sir,

because usually after property rate is fixed, it is common to obtain xerox copies of documents by paying 1k or 2k or 5k.
If legal opinion is failed or for any reason if buyer is not willing to proceed he will return back papers and get back minimal advance amount paid. Because everything goes in verbal in this phase.

Whereas during sale agreement execution all terms and conditions will be mentioned and signed by duo with witnesses, since amount will be 10% of total sale amount i, e 56.5 lakhs

Kindly advice me

Regards
Narahari

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Quick Summary

A buyer in Bangalore paid a verbal token advance of Rs 5000 for a property. Due to unforeseen financial circumstances, they could no longer afford the revised total cost including registration fees. The seller is now refusing to refund the token amount, claiming it's non-refundable. The buyer is seeking advice on whether they are entitled to a refund, especially since no formal sale agreement was signed and the initial agreement was verbal. The seller has since returned Rs 2000 but is withholding the remaining Rs 3000.

ashok kumar singh (Expert) 05 April 2021
First try to resolve your disputes by Social intervention, and if not resolved then you may prefer a complaint to local police station, and afterward lodge a complaint case under Section 156(3) of Cr.P.C. or under Section 200 of Cr.P.C. before the Competent Criminal Court having jurisdiction.
Thanks

Message likes : 1 times

Hari Konanur (Querist) 05 April 2021
Thanks sir

But seller nowhere else committing that he has taken RS5000 from me in Wattsapp messages though i invoked on this amount through messages

In latest update he returned Rs2000 through online transfer and balance Rs3000 will not be returned it seems.

My point here is without verification of xerox and original papers to check genuinity of owners how can buyer proceed further.

If i invoke on amount Rs5000 taken from me, the sellers says no more discussions on this matter.

If every educated IT professionals turns to this mindset then what about society and moral ethics

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