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sbgoodboy   16 April 2021

Refund of token money

I had intended to purchase flat from consenting party. (Since earlier only sale agreement was made between builder and consenting party and sale consideration amount was paid by consenting party to the builder but no registration was done ) In this regard, I had made a payment of amount of Rs.50000/- (Rupees Fifty Thousand only) as token money through online banking transaction to the consenting party. I have approached builder to get the customer copy of all the documents of the flat and tried to sought legal opinion on the same. But during that process I had know that the project was mortgaged to financial institution. Builder has taken long time and got appropriate clearance document on later date. Again, during this period, Builder was facing legal case from their previous land owners so public notice was issued that all kind of transactions related to the property during the case period should be avoided. Therefore, legal opinion cannot be completed after that. The final update of the end result of the case has not yet been received by me. I have also not signed the sale agreement (tripartite) due to the pending case which Builder have told will be over soon. Meanwhile, my family is in need of money as there is an emergency health issue occurred to one of my family member. So, I requested the consenting party to refund the token money. But consenting party is unwilling to return back my token money. I told the party that it is emergent situation and I cannot continue the purchase process. Please suggest a way forward how to get my token back.

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 1 Replies

Aman Oberoi   16 April 2021

we need to send them legal notice first

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