Civil Procedure Code (CPC)

Brokerage and token advance refund

On july 10th 2018 received 1.5 lacs by NEFTas advance for selling my empty brought by a land broker known to me.since im at a distant place all discussion was throu phone and written agrrement or was mutually agreed to complete registration before decmber 2018.even till march 2019 nothin happened ..called broker over phone..since buyer contact info was not provided..he told he will buy half the plot now and the other half at a later date..since it was not feasible i a prospective buyer directly on oct 2019.informed broker and sold the property in dec 19..since march 2019 i was requestin broker for bank details to return the advance which he refused to provide. during dec 19 second week sent a cheque for 1.5lacs in brokers name to his address ,recived,,till now not cashed. now the broker is demanding 30000 for interest and 70000 as brokerage fee what to do??
Retired employee.

If there is a written agreement or conversation that has taken place electronically, let him demand such rights through the process of the court.  Make a stop payment of the cheque and inform the broker that in view of the threats/notices, the payment was kept in abeyance as the party who has paid in advance is not known and there is no clue on whose name the amount has to be refunded.   Always contact a local advocate while dealing with such transactions.


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Keep all the record of electronic conversation and he can't ask for brokerage fee at this stage.
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No brokerage can be claimed and required to be paid on the basis of limited facts posted by you.



It is advisable to consult a local prudent lawyer with relevant documents/communication for better appreciation of facts/ record, professional guidance and necessary proceeding.




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