Rental flat owner is not returning token amount after cancellation

853 votes

Dear Sir You can issue a formal legal notice demanding the full refund of your token deposit since no rental agreement was executed and no loss was suffered by the owner Retention of your token money without contractual grounds amounts to unjust enrichment You can file a complaint before the consumer forum or pursue a summary suit for recovery of money in civil court If there was fraudulent intent to cheat you may also lodge a police complaint for cheating and criminal breach of trust

Advocate Kishan Dutt Kalaskar LawRato

622 votes

Dear Sir/Madam, Based on the facts stated, you may have legal remedies to recover the booking amount paid for the flat. The owner's refusal to refund the amount and offer to return only 18% of it can be examined in light of the booking terms, any cancellation or forfeiture clause, and the circumstances of the transaction. First, review the booking receipt, payment proof, online advertisement, and any written communication with the broker and flat owner. If no valid forfeiture clause was agreed upon, or if the deduction is unreasonable, you may challenge the refusal to refund the amount. You can issue a legal notice demanding the refund within a specified period. Depending on the facts, remedies under the Indian Contract Act, 1872, and, where applicable, the Consumer Protection Act, 2019, may be considered. Criminal proceedings should be considered only if the evidence discloses the necessary ingredients of a criminal offence; a mere contractual dispute does not automatically amount to cheating. Please consult an advocate with the relevant documents to determine the appropriate legal remedy and the amount recoverable. Kindly preserve all payment receipts and communications with the broker and owner.

Advocate Sudhir A Nirwani LawRato