Legal Question in Consumer Law in India

I have taken a token of Rs.50000/- to sell my shares to my other partner. The deal was for total of Rs.39 Lacs. But later on I have refused to sell my shares and refused to take bayana and to write any agreement. Now I have returned the token of Rs.50000/ in full. The other party is forcing to return double token and so asking another Rs.50000/. No agreement was written on paper. Whether he is demanding right or not ? What should i do ?


Asked on 1/19/13, 9:46 am

3 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

19.01.2013

Dear Sir / Madam,

Acceptance of token confirms performance by both parties to the contract. Since the total deal was to the tune of Rs. 39 lakhs, taking into consideration the benefit accrued to you by virtue of having backed out from the deal, I see merit in the other party's claim to return him / her an additional Rs. 50,000/- towards the financial loss, mental trauma and anguish as a result of your refusal to perform the contract, and in all fairness, you should pay the amount.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any other on-line advice at [email protected])

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Answered on 1/19/13, 9:58 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Keep your calm and relax. Nothing will happen. Such a contract cannot be specifically enforced.

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Answered on 1/24/13, 10:24 pm


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