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Rajib Choudhury   12 June 2022

Property selling agent refusing to refund advance payment for land purchase

Pls note I had paid Rs 2 lac towards advance payment for purchase of plot in jan 2018. In this regard the selling agent had made sale  agreement in jan 2018, which is not  registered  having only my & sellers signature along with witness signature. As per agreement he had to deliver the plot within 3 months from the date of agreement without any encumberence ,but he went on delaying the process and later he told that some issue is there with the plot ,so I will refund the money with interest.  All such communication has been thru WhatsApp as he started avoiding  my calls and as time passed he even failed to respond thru whatsapp to me,  though he sometimes used to respond to my brother in law upon repeated follow up, who is also a victim like me and he resides in the same town as that of seller.. Now he has communicated thru WhatsApp to my brother in law who also had paid him advance of Rs 2lac for plot that the agreement has been barred any he will serve notice to us . Sir,firstly he only failed to get the  final execution of sale & registration done due to dispute in land  and went on using delaying tactics to refund the advance and now he is only threatening not to refund the advance as the agreement is barred.  What can be done legally as I don't want to go for police complaint as he will easily manage to get out in bail.  We have all whatsapp and his voice msg  recordings sent by him stating he will refund advance with interest. Pls guide.

Regards 



Learning

 1 Replies

Mahi Manchanda   24 June 2022

Hi,

An 'agent' is a person employed to do any act for another, or to represent another in dealings with third person. The Indian Contract Act has provisions that deal with the relationships between the agent and the principal.

Under section 211 of the Indian Contract Act, it is mentioned that it is the duty of the agent to maintain the principal’s accounts. He is liable in case of any misappropriation or loss due to acting contrary to directions. You can file a case in the civil court of appropriate jurisdiction and plead your case.

I hope this answers your question.

Have a good day!


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