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Nidhi   02 September 2019

Owner not refunding advance even after notice

Hi,

I finalized a property in bangalore where the current owner is staying in US/Mexico and the deal was discussed with a relative who happened to be the previous owner of same property and claimed that he had the GPA to do the deal. We finalised the deal and paid a token of 5 L rupees along with executing a 1 pager MOU . Later it was realized that the said person didnt provide the write POA and never had one although we were introduced to the original owner over call.

We kept following up for clearance documents on whatsapp, calls, emails, sms with both the broker and said GPA holder/ owner for a month to clear the loan process but to no avail. Our loan process was approved but bank kept asking for documents to release funds. Finally we gave a deadline to sellers to provide which they failed and we wrote a communication around cancelling the deal.Post this some docs were provided [ not full]. We repeatedly asked for refund of money but no avail. We issued a legal notice through our lawyers to both original owner[ living in US/Mexico] over email[ physical copy was not received by anyone] and the said GPA holder. Till date there has not been a response. What can be the next step here? Can i bring a stay order at the property?



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 1 Replies

Real Soul.... (LEGAL)     02 September 2019

You say that there is no GPA  so how can you bring stay on the property as you never dealt with the right person;theowner is someone else .If the owner has taken any amount then only you can involve the property.

 

You can only file a suit for recovery and file instantly a complaint with police for cheating.Hope you have executed the reciept properly for the advanced money..

 

 


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