Legal Question in Real Estate Law in India

Hi, I had a deal with a Dealer for a Plot In Gurgaon, Haryana. As per the deal I have paid 3 Lakhs and remaining amount to be paid at time of registry. As per the registry data given in agreement, I was available in Court but due to some reason, registry did not happen at that date. Again Dealer asked us to present in court for registry and we did no reached due to some personal reason. Then we finalized a date and when I reached on same date I came to know registry has been closed for that area and no clue when to open. Now dealer is asking for total money and forcing me to agree on registered agreement which is not in our deal. I am not feeling secure on registered agreement so I denied to go for registered agreement. Now Dealer is saying that registry date on agreement is already expired so he will not refund my money. There is no copy of agreement is available with Dealer and I have not signed this agreement as well as this agreement is not notarized agreement. I have paid some amount via cheque and some amount via NEFT. Can I file an FIR@420 to refund my amount because I never accepted that if registry date is expired then my amount will be blocked. Please advice.


Asked on 12/10/14, 12:48 pm

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

If there is no clause as signed by you that in case of non registration, advance money shall be forfeited, then there is nothing to worry and you are entitled to get the refund. The deal was to execute a sale deed not the registration of agreement. You should file a complaint in consumer forum for the refund. At the same time, we can try to lodge a police complaint but we can't be sure of that since matter pertains to a civil wrong and police seldom register an FIR in such cases.

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Answered on 12/11/14, 7:19 pm


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