A PRABHAKARAN (chemist) 12 July 2014

Advance money but no proof

Sir, I have given a advance amount of Rs 75,000/- by cheque to house owner without getting any recipt for book the flat. Due to family problem, i have changed my decision so i request that house owner to cancel the flat and provide the 75k. He said that can able to give 70k only, that too the same flat will be purchased by some other person.

For last six months nobody purchased the same flat, even the construction work not completed. Whenever i ask he is not replying properly. Now the trust between both of us gets down. I asked him atleast pay in 10 thousand per month. He said that is not possible and your not given money for lending.

What i have to do? Please advise me . I will be grateful to you.

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4 Replies

Advocate Ravinder (Advocate/Attorney) 12 July 2014

As it is getting too late, ask him to enter into MOU saying that he is ready to pay Rs. 70,000/- within so and so time. If he is not agreeing to enter into MOU, then collect phone recordings by keeping him in constant talking over phone, let him admit that he will pay your amount. This will be used as evidence.

Advocate Bhartesh goyal (advocate) 12 July 2014

Send a notice to house owner mention therein that you have advanced him Rs 75000/- through cheque for booking of flat and he had promised to you that he would get completed the construction of flat shortly but till date neither any agreement has been executed nor construction of flat has been started so you are not interested now and cancelled the deal and ask him to return the advance money Rs 75000/-. If he does not comply with notice than file money suit against him.

A PRABHAKARAN (chemist) 13 July 2014

Thanks sir for valuable suggestion.

T. Kalaiselvan, Advocate (Advocate) 13 July 2014

Advocate Mr. Bhartesh Goyal's valuable suggestion seems to be more appropriate,you may follow the same. Consult a local lawyer and proceed further as per his further advise.