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Cancellation charges of land deal. No agreement signed. What to do?


13-Oct-2023 (In Property Law)

I had bought a plot in 2013 in Mahela village, Jaipur, from my known builder, the deal was 4,65,000 and i paid 3,95,000 (3,75,000 via NEFT & cheque deposit and 20,000 via cash). When builder changed my plot location then I cancelled my deal in July 2013 and asked my money back. He paid me 3,00,000 till now(oct 2015) deduct 95,000 as a cancellation charges. I have not signed any contract with him neither he told me about cancellation charges earlier. Can I file any legal case against him. I don't have any receipt except 1,00,000.

Answers (2)

Answer #1
984 votes
Yes you may proceed with your case. You will have to file a suit for recovery in the civil courts. At the same time you should also file a complaint with the police alleging cheating and fraud etc.

If the police do not register an FIR then you will need to file an application under Section 156(3) CrPC to have an FIR registered and a complaint under Section 200CrPC for a criminal complaint case to proceed.
Answer #2
926 votes
Hi. You have the option of serving upon them a Legal Notice followed by a Suit for recovery in the appropriate jurisdiction. The receipt amount is irrelevant as there has been exchange of funds through bank transactions.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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