Upgrad LLM

money suit for non payment of brokerage


 We do real estate deals in Kolkata. One of my clients has refused to pay us 2% brokerage of Rs 60 000/- as mentioned on our letterhead for sale of his flat. He has however signed the documents for the same.Please advise what steps my firm can take for the recovery of the amount.

 
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Advocate

You could surely recover the amount by filing of suit for recovery of money. That apart if you have put the agreement to pay brokerage charge in writing then it would be better to fole a summarry suit where the pace of the case wold be expeditious.


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 Thanks. Their lawer has written a letter stating that all documents are fabricated. I have original signature papers of the clients. How do I contest the same in court ? Can I file criminal suit aswell ? Secondly, in the sale deed they have paid 20.5 lacs in white and rest of the amount in black. I have the first money receipt which states that 30.25 Lacs has been the agreed sale value of the flat. We have demanded the brokerage on 3025000/- and not 20.5 L. Pls advise how to deal with the same.

 
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Since you have got proof of his signature, you can prove the case.  (U can also get a 'certified copy' of the sale deed wherein the signature of the buyer will be available).  With regard to the commitment made by the buyer for brokerage on Rs. 30.. lacs, it is well known to everyone in the industry that people tend to show lower price to evade stamp fee/registration charges.  You can mention that it was the original amount offered by the seller and both of them have come down to Rs. 20 lacs.  Filing of criminal complaint in this regard will be useless until and unless you have police authorities favouring you. 

 

 


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Advocate

If you want criminal action against the client that can be done even if the they allege fabrication. It is relatively easy to claim upon the white money than the black money. As far as how , then without seeing the papers in detail it is difficult to advise.

 
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Advocate

Yes criminal action can be taken against the clienteven if they allege fabrication. It would be relatively easy to claim upon the white money than the black money. Without seeing the papers in detail it is difficult to advise the method of action.


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What would be the cost of the civil suit or summary suit for Rs 60000/- in Kolkata including lawyers fees and all court charges ?

 
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Advocate

Send me the details so that I could give the estimation.

 
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