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Builder not returning the earnest money despite agreeing initially


30-Jul-2023 (In Civil Law)
I was purchasing a flat for which I had given the earnest money of Rs 5 lakhs under a sale agreement in which it was clearly mentioned that I was unable to get the loan over this property then my whole amount will be returned. Actually, I was purchasing through the builder & he had told us that he is the actual owner but having the registry on his brother names. Also, in sale agreement also, he mentioned that he(builder) is the owner of that property. Now I was not getting a loan over this property due to legal issues which he(builder) also failed to rectify that issues. He is now not ready to return the money back, So, Can I file a fraud case against him?
Answers (2)

Answer #1
735 votes
Definitely you can file a civil as well as criminal case against the builder
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Answer #2
960 votes
You may Serve him the legal notice through advocate and then you can file suit for recovery of the amount with interest and cost. If he has concealed some thing with dishonest intention you can certainly take appropriate steps under the criminal law which may also include cheating.
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