Your case is purely of civil nature and it is nothing to do with criminal nature. You cannot file criminal case against your opponent.
As per the latest Supreme Court Judgement, if there is no time frame for executing sale deed in the agreement, the cause of action starts from the date of either vendor or purchase gives notice to the other. The limitation will be three years from the date of such cause of action. to file suit for specific performance.
As per your contention, the payer made a claim in the year 2009, hence you should have filed the suit for specific performance in the year 2012, but till now you have not filed any suit. Hence, you lost your limitation. Now you cannot claim suit for specific performance, however, you can claim your money back with simple interest.