Legal Question in Real Estate Law in India
Pls note I had paid Rs 2 lac towards advance payment for purchase of plot in jan 2018. In this regard the selling agent had made sale agreement in jan 2018, which is not registered having only my & sellers signature along with witness signature. As per agreement he had to deliver the plot within 3 months from the date of agreement without any encumberence ,but he went on delaying the process and later he told that some issue is there with the plot ,so I will refund the money with interest. All such communication has been thru WhatsApp as he started avoiding my calls and as time passed he even failed to respond thru whatsapp to me, though he sometimes used to respond to my brother in law upon repeated follow up, who is also a victim like me and he resides in the same town as that of seller.. Now he has communicated thru WhatsApp to my brother in law who also had paid him advance of Rs 2lac for plot that the agreement has been barred any he will serve notice to us . Sir,firstly he only failed to get the final execution of sale & registration done due to dispute in land and went on using delaying tactics to refund the advance and now he is only threatening not to refund the advance as the agreement is barred. What can be done legally as I don't want to go for police complaint as he will easily manage to get out in bail. We have all whatsapp and his voice msg recordings sent by him stating he will refund advance with interest. Pls guide.
Regards
1 Answer from Attorneys
You may file case against the agent and the seller if you have valuable document of agreement with you