Background : We paid couple of laks to a seller of property in Greater Noida. Money was paid via a cheque and a receipit was issued by broker. Receipt only shows we need to pay balance payment in next 45 days. No mention is made of mode of payment,
It was agreed that he will go to builder office for issuance of NOC and we will go with him to builder office. He wil also show us a copy of documents.
He did not take us to builder office and instead now asking 10% money to give us property paper.
He further is asking 40% payment in black money.
We send him email that we shall not pay in black , then to move out of the deal he is asking :
A) We should pay him 10% more before he will share property paper with us. This is not acceptable as what if he does not own a property.
B) He is asking for all money BEFORE the time of filing of TM. This is not the usual practice. he wrote in an email he is fine to accept the same via cheque.
This is not a practice to pay before the TM. He is using it to move out of contract and take our advance money.
C) We had sent him a legal notice. After which he agreed to refund the money via broker. Broker uses foul language and thus we do not want to deal with him. He absued us as well.
After agreeing to pay back part of money, now again he has change stance and now ask 10% for documents and rest on registration of sales deed. He has responsed to our legal notice.
ISSUE and EVIDENCES:
1. We have recorded calls with Agent where he is asking for black money
2. We have recored call with owner where he also agress for same.
3. We have recorded call where they were to give papers before asking more money.
Given so many change of stance by the seller, we cannot enter into a deal with such a unreliable person.
What are my legal options to take back my TOKEN MONEY.
Asking for black money is illegal. Even if he now agrees to accept white money, it is too late as date of agreement closure is approaching. Without papers we cannot verify if his property is genuine or a fraud.
He cannot ask 10% just to give copy of papers. Also, he cannot be trusted as he asked for black money.