Civil Procedure Code (CPC)

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Nitin Khurana   24 July 2021

Foul play

I was interested to buy a property at Mohali , a dealer approached me and offered to get it for 14.5 lakhs and I paid the earnest money as 11000 rupees to him and he gave me a written receipt on his Letter Pad but when we sat with builder next day he refused to sell it below 15.5 lakhs and now the dealer is not returning my money
what can be done to get the money back from the dealer as I already wrote him on text and whatsapp to return the money but he doesn't responds


 5 Replies

Dr J C Vashista (Lawyer)     24 July 2021

You should ask him, in writing, either to sell the property at agreed terms (amount) or refund double the amount paid to him 

G.L.N. Prasad (Retired employee.)     24 July 2021

Contact a local advocate and issue a legal notice through him as the amount involved was Rs.11,000/-  He may explore the chances of filing a police complaint or in District consumer forum depending on the costs involved for recovery.

Kevin Moses Paul   24 July 2021

As per the situation you're dealing with, you should proceed to file a case of fraud and cheating in a civil court which has competent jurisdiction over the matter with the help of a local lawyer.

I've laid down the relevant sections for the sake of your knowledge and understanding -

1.) Cheating has been dealt under section 415 of the Indian Penal Code (IPC), 1860.
The section states the following:-
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any proper­ty to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

2.) In general, fraud implies and involves any of the following acts committed by a contracting party or his connivance or his agent with the intention of deceiving or inciting another party or his agent to enter into the agreement.

The offence of Fraud has been dealt under section 17 of the Indian Contract Act (ICA), 1872. The section 17 of the Indian Contract Act defines "Fraud" as means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract

The actions committed against you by the broker fits the above mentioned legal provisions, so proceed with a complaint under these against the culprit in order to recover your amount back.

Hope It Helps

Regards
Kevin M. Paul

G.L.N. Prasad (Retired employee.)     24 July 2021

But remember that you may not recover the amount from Broker, and it only helps in building pressures against him, if he really cares for loss of reputation due to such police complaint and impact on his business due to this allegation.

Nitin Khurana   24 July 2021

Thank you so much for writing and I really appreciate your words , I had spoke to a local lawyer and he spoke to the dealer on mu behalf and was asked to wait till Monday 26th July before further decision


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