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Land dealer delaying refund of advance amount paid for land.What to do


05-Mar-2023 (In Property Law)
Last year I wished to purchase a land. The deal was taken care by a person called Mr. Mishra, As the owner of the property was a political leader he had not so much of time, as said by Mr Mishra. I made it clear to Mr Mishra, that I will be only able to purchase that property only after loan approval from Canara bank only, which is my departmental bank also and not from any Pvt.,which they had not mention in agreement. After assuring from Mr Mishra about this, I gave an advance of Rs 200000/- through cq. in the name of owner and in the hands of Mr Mishra, for which he is also witnessed on the agreement. Bank found that the paper is incomplete with loopholes and asked them to provide the necessary papers.The person named jitendra looking for the legal told me that I will get the paper for 3-4 months and wasted my time. In Dec. He told me that he will not provide any papers,l or to take the refund. I agreed to take refund But till then they are giving me date by date without proper answ
Answers (1)

Answer #1
981 votes
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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