Legal Question in Consumer Law in India

I got in to sale agreement with the vendor and paid an advance amount Rs. 1250000later i found that the property document was not in order then i demanded money back from the vendor he returned the money keeping Rs. 30000/- I have signed in back side of the origianla sale agreement for the amount received from him and handed over the original agreement to him. now what should i do to recover the remaining amount from him


Asked on 10/29/13, 5:05 am

2 Answers from Attorneys
Santosh Goswami,Advocate sure shot legal

Is there any clause pertaining to forfeiting of earnest money or any sum for that. Generally, the earnest money is mentioned and in case of cancellation of agreement, that is forfeited. But in your case the cancellation of agreement was due to his fault and hence he can't legally forfeit the amount. You should first issue a legal notice .

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Answered on 10/29/13, 5:13 am
Fca Prashant Chavan Expert Edge LLP

29.10.2013

Dear Sir / Madam,

If the Rs. 30,000/- pertains to the token money paid by you at the time of your finalizing the deal, the Seller is entitled to forfeited the amount.

Regards,

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Answered on 10/29/13, 6:26 am


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