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km   09 January 2025

How to get back earnest money from seller of flat

Hello,

We were interested in an upcoming flat that is still under construction. The building, where the flat is, is also under construction. Seller kept saying that he is waiting for the NOC from the builder. After 5 months of waiting, the seller whatsapp us copy of the NOC and "Suchi Kramank 2" (this is in Marathi) and so is the contents of the document. It turns out the NOC was from the promoter. Seller asked for Rs 5 lacs even before signing of any agreement or MOU, which we transferred online into his account. For some genuine reasons, we had to back out of the deal. Now we are requesting for this refund of Rs 5 lacs but the seller/broker-consultant is not responding to our whatsapp message. 

Can you please suggest how to go about it? This Rs 5 lacs is my sister's money who is 71 years old and living on pension.

Somebody please help us. Thanks so much.



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     09 January 2025

You send a legal notice communicating your decision to cancel the deal and demand refund of the advance amount failing which you can file a suit for recovery 

km   09 January 2025

Hello Kalaiselvan Esq.

Thank you for your quick response. Here are some questions :

(1) Can you suggest a good lawyer in Mumbai?

(2) Where should the case be filed in Mumbai - which specific court or is it RERA?

(3) In how much time will the case get resolved?

Thanks again.

By the way, we are Tamilians too.

Dr. J C Vashista (Advocate )     10 January 2025

You will have to search the lawyer of your choice from this site or local Bar Association or through some known resource(s) and seek professional services of a local prudent lawyer.

km   10 January 2025

Hello Dr. Vashista Esq.

Thank you for your response. Can you please suggest a lawyer in Mumbai? From the internet it looks like you practice in Delhi.

I look forward to your suggestion. Thanks again.

 

 


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