Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rajib Choudhury   13 June 2022

Seeking refund of advance paid to selling agent for purchase of plot

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 in RS 10 Stamp paper, 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 in marketable condition which he failed to do,and  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..I did not file any complaint or took any legal action on the goodwill that he had been telling that he will return the money with interest .  Now he has done U -turn & 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

 2 Replies

KUNAL   19 June 2022

Firstly, an unregistered signed sale agreement has to be registered within three years from its execution date. So the date would ordinarily lapse in Jan 2021. As agreement has not been registered there's possibility you may have to pay fine equivalent to ten times of registration fee.

Now coming to your questions sir, I have some questions/suggestions:

1. Under agreement, delivery of possession of your plot was to be within three months. When that time period lapsed, what did you do? Did you follow up with the agent & if so, what he said?
2. You mentioned that agent went on delaying & he will refund the money. You also said later on agent promised to refund money with interest. As conversation was by WhatsApp, it won't be admissible as these talks can be deleted now.
3. You can do one thing. Send a legal notice to agent. Although time limit to deliver land plot has lapsed, you can file suit for specific performance of contract under Specific Relief Act.

For further queries/clarifications you can reach out to me at my mail (estateplanner621990@gmail.com).

Warm regards

sonam ranjan   13 July 2022

Real estate deals are complex and involve legalities, therefore, you would like to collaborate with an experienced lawyer to form things easygoing. A property lawyer help to provide legal advice, resolve disputes, navigate complications, and guidance while purchasing and selling property.

A real estate lawyer plays an important role to resolve the matter by giving ownership title.

To get the best property lawyer contract Adv Anupam Agarwal from Ramniwas Surajmal.
 


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