Remedy for breach of token money by the builder


I have given a token amount of 5 lacs rs for a 50 lacs flat to a builder in cash. Builder had not given any payment reciept or any proof of that 5 lacs. In case of breach of contract by a builder what are remidies for me to get back that money. 

Answers (3)


317 votes

You will have to establish payment, with the help of witnesses who were present at the time of the transaction. You will also need to establish the money was with you legally in cash. If you consider you can establish the above and that the payment was against a verbal contract for sale of flat, you can approach the civil court. I would suggest that you personally contact some lawyer, so that you can discuss your options in detail.


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99 votes

Was the token amount mentioned in any written agreement? In absence of any receipt it will be difficult to get back the token amount. Assuming that your contract with the builder is in writing, I advise you to file a civil suit for the specific performance of the contract, if it is beneficial for you. In addition ask in the same suit for the compensation for the breach of contract. In that way even if the specific performance of contract is not decreed by the court, it may award you proper compensation. Also plead in that suit about the token amount, even if you don't have the receipt, you can try to prove it by oral evidence of witnesses.

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Yes you have all the rights to recover your amount If builder has fails to fulfills the promise of flat with in stipulated time. . . . .

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