Token Money forfeited by seller for purchase of flat
23-Nov-2023 (In Civil Law)
I have givn token amount to an agent via cheque (in the name of owner) for a flat in mumbai. Owner is in UAE. I cancelled the deal within 3 days of giving token money by intimating over watsapp chat. However no MOU/contract was signed for same regarding payment schedule or recieving of token money..I am asking for the refund for the same after deducting some reasonable amount..Owner refuesed to pay any amount back as deal was cancelled by me.(buyer ) side hence no refund was applicable..
Dear Sir/ Madam,
As stated by you, if there is no MOU/ Contract/ Agreement or any other form of written document by which you gave the money, then in that case any relief from the Court is really difficult.
However, if you can show from your whatsapp chat that the agent accepted payment of token money then there can be a case made out.
Kindly contact me with further details on it.
As stated by you, if there is no MOU/ Contract/ Agreement or any other form of written document by which you gave the money, then in that case any relief from the Court is really difficult.
However, if you can show from your whatsapp chat that the agent accepted payment of token money then there can be a case made out.
Kindly contact me with further details on it.
As per the market trends the booking amount gets forfeited provided the same is in evident in writing. In your case the you can claim your token amount as their was nothing in writing and the payment made by you was in cheque. You can send a legal notice to him and claim the payment , if the agent is not ready to pay you back the amount amicably
Dear Querist,
You need to contemplate whether the token amount is so substantial so as to pursue legal recourse against the prospective seller or whether the amount is too meagre to let go.
If no Mou is signed between you and the seller and since the payment was made by cheque you can very well send a legal notice for recovery to both the agent and the prospective seller. But you also need to ensure that there was no understanding or agreement for forfeiture of token money either in sms, email or whatsapp exchange between you and the other party i.e. seller or agent.
If there is no written agreement whatsoever between you and the prospective seller then you can pursue suit for legal recovery against the seller and if the amount is substantial then you can file a suit for summary recovery of money basis the cheque issued by you. You can also file cheating compliant in police station against seller or grievance in the consumer court against the estate agent.
You need to contemplate whether the token amount is so substantial so as to pursue legal recourse against the prospective seller or whether the amount is too meagre to let go.
If no Mou is signed between you and the seller and since the payment was made by cheque you can very well send a legal notice for recovery to both the agent and the prospective seller. But you also need to ensure that there was no understanding or agreement for forfeiture of token money either in sms, email or whatsapp exchange between you and the other party i.e. seller or agent.
If there is no written agreement whatsoever between you and the prospective seller then you can pursue suit for legal recovery against the seller and if the amount is substantial then you can file a suit for summary recovery of money basis the cheque issued by you. You can also file cheating compliant in police station against seller or grievance in the consumer court against the estate agent.
You should inform in your bank not to clear the cheque and if it has been cleared then you should send a notice through the lawyer as soon as possible. Do not forget to attached your bank statement with the notice.
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