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essdee   06 January 2015

Refund of token money

Hi, 

About a week ago, I had selected an apartment to rent. In haste on Dec 28th, I paid an advance amount of Rs. 5,000 (which was a part of the 2 months' security deposit I were to pay at the time of signing the agreement). I did ask them to write me an acknowledgement, which states on a plain paper "recieved Rs. 5000 as token amount", my name and their name and signatures. After I paid the advance, I observed the landlord's family and realised I might not be comfortable in this place - the landlord stayed just a floor below. So on Dec 30th, after 2 days, I told them I can't move in for some reason and asked if they could refund my advance. They clearly disagreed. I told them to deduct a part and return the rest, and they said they'll let me know in a few days, but it seems they don't have any intention. Additionally, I paid Rs. 3,500 to the real estate agent as an advance for his service, which he disagrees to return too.

Now, I have a few queries -

1. Do I stand a chance, as per law, to claim back, my advance from the landlord, in part or in full. No agreement has been signed so far.

2. Do I stand a chance to claim back, in part or in full, from the agent ? I saw only two properties with him and selected the second one.

3. Is there any way, that I can retrieve my advance, atleast some part of it, both from the landlord and the agent ? And how ?

4. How much deductions should I agree for, from the agent and the landlord ?

Would highly appreciate your expert advice. 



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