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property dispute and no refund of money
21-Jan-2023 (In Property Law)
we had booked a property through a dealer and after paying earnest money, an agreement to sale was signed by both parties. We then made two subsequent payments (receipts received) through online transfers and wanted papers for loan approval. Now the dealer started saying that cannot give us the flat, we can take the money back immediately or choose another flat. Alter lot of deliberations, we agreed to take back our money and told him the same. From almost 5 months, he is making all false promises and delaying the payment of the money that we had given. Pl advise how can we get our money back.
hi this is advocate Anup Kumar Mishra and I got your details from the writer see the question which you have posted. we can help you to file the case and we are a law firm based in Delhi MTS if you require any further assistance then feel free to contact
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Adv. Anupam Kumar Mishra
Delhi | 25+ Answers
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In such situations, you can file a civil as well as criminal case against the Property dealer without any further delay. A case of criminal breach of trust, criminal misappropriation and cheating should be filed against the dealer. Further, I would need to see the agreement to sell executed between both the parties for proper legal advise. Depending on the nature of transaction between you and the dealer, we can also approach NCDRC or RERA or NCLT, but for that its necessary to see all the documents executed between you and the dealer. The dealer also should be held liable to refund your money with interest.
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Adv. Parangat Pandey
Delhi | 25+ Answers
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Hi,
You can file suit for specific performance if you are interested in purchasing the property , if you are interested in receiving your money you can file recovery suit.
you need to prove your case in both the conditions
Thanks
Ramit Sehrawat
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Adv. Ramit Sehrawat
Delhi | 400+ Answers
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