advance paid, owner not giving possession nor refund
I wanted to start a IT training business in Mumbai. Found a suitable place and thought of finalizing it. The owner said that there is still some pending work remaining, so pay the advance and he will get it done in a week. I paid around 2.5 lac as advance in last year sep 23rd. From that time onwards, he will tell something or the other and will not let me get the place. Finally I got fed up and asked him to refund my money back some weeks back. Now he is silent and is not responding. I had done the money transfer of 2 lac on line and has paid 50 k in cash. I have few sms and email communication regarding the same. Now I don't know what to do.
You should issue a legal notice to the owner to refund your money of Rs 2.50 lakhs advanced to him by online transfer and cash. Whereas the emails and messages exchanged between parties are admissible in evidence. If despite of notice owner fails to refund advance amount of Rs 2.50 lakhs file summary suit under Order XXXVII of CPC.
Further you should also file a criminal complaint of cheating under section 420 of IPC against the owner as soon as possible.
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