I am a NRI and have entered into an agreement from seller introduced her as Income Tax Dy. Commission on 11th June 2022 to purchase a Supreme Court monitored Amrapali villa for Rs. 89 lakh all inclusive except transfer fees paid by buyer. After few meeting I agreed to pay her already deposited money of Rs. 37 lakh and Rs 36 lakh as balance the cost of villa to get a clearance {NOC and Possession letter} from Court Receiver office and remaining Rs 16 lakh at the time of property transfer to my name through Court Receiver office. I will be holding all the original papers to protect my money. It was also our agreement that seller will be organising all the paperwork to get NOC, Possession letter and submitting the file to Court Receiver office for transfer after clearing all her dues and accured interest.
At the time of agreement signing and handing over the cheque, she gave only BBA and 2 receipts, and told that remaining receipt is not available, but she will get it soon. Meantime, she also introduced 2 influencer, one is from NBCC Official, and another is retired Income Tax Commissioner and both promised me to get my villa within few month, but time has passed and nothing happening. I reminded so many time to Seller to submit the file for NOC and Possession so that transfer can happened in my favour. Transfer was opened in Nov 2022, but seller did nothing. I was keep reminding her from overseas and in July 2023 she introduced me her brother in law as a Lawer to do the all paper work on cost to me Rs 1.25 lakh and ask me to fly to India. I flew from Australian to India, but he also have not done any thing and my money is wasted. In Nov 23 transfer opened , and I flew again to wrap up the matter, and personally I visit CR Office and requested my situation to ask if I can do everything myself and they allowed me. I submitted file for NOC and Possession letter, the after forensic audit a dues of Rs 10 lakh popped up which I have deposit because seller refuse to deposit money. I paid the dues and received the NOC and Possession letter, then submitted file for transfer. On the day of transfer lady (seller) arrived and asked for left over amount which was Rs 16. Upon my plea that Rs 10 lakh has already been paid as dues which was her responsibility to pay. After few discussion she agreed to received Rs 13 lakh from me to wrap up the matter, else she will not sign the transfer paper. So she extracted me 7 lakh extra than our agreement at the day of transfer.
I want to get my extra paid money of Rs 7 lakh + 2 time air travel cost from Australia to India, lodging, fooding around 3 lakh in total from lady. Please let me know if we can get back all extra money paid her plus reimbursement of harassment and dishonesty, not honouring agreement terms, as compensation. Do I need to be on each hearing or my lawyer can take care on behalf of me ? Total cost to represent me please or we can share from the refunded amount.
Appreciate your reply in the mYou can gather all the evidences in your support and first lodge a criminal complaint against her for cheating if she is not ready to return the amount you demanded.
After the criminal complaint, you can file a suit against her claiming the return of the excess money as well as compensation for the damages.
1. First send a legal notice to her to return the extra paid money of Rs. 7 Lakhs + 2 times air travel cost+ boarding and lodging charges+ reimbursement for mental harassment, etc.
2. In case nothing is heard from her for the legal notice, then arrange to initiate action against her for recovery of the amount by approaching the jurisdictional Court.
3. You can give vakalat to the Advocate who represents you on your behalf. Your presence will not be required on each hearing.
4. Total cost to represent you or sharing from the refunded amount can be sorted out after knowing the jurisdiction of the property.
Legal fees vary depending upon lawyer engaged by you
2)you have to pay legal fees in advance
3) if you have paid Rs 7 lakhs extra on your own accord it is doubtful you would get refund of excess paid by you
4) there is no evidence on record that you were forced to pay extra
5) have you filed any police complaint against seller for forcing you to pay additional money
Dear Client,
You have grounds to seek reimbursement for the extra money paid, as well as compensation for the harassment, dishonesty, and failure to honor the agreement terms. Your advocate can represent you in court hearings on your behalf, so you don't necessarily need to be present at each hearing. The total cost of representation would depend on various factors, including the complexity of the case and the advocate's fees. It would be best to discuss this with your advocate to get a clearer picture of the total cost and how it can be covered, whether through a refund from the seller or otherwise.
1. The property in question is in Greater Noida, UP 2. Interested in knowing whether this matter will falls under Crimanl or Civil (Recovery) 3. Rough cost of whole process or bundle price to represent me to Greater Noida Local Court (Surajpur Court)
It is a civil case
local lawyer can guide you as to legal fees
If you approach criminal law then you can only get him punished if found guilty, but if you gather substantial evidence for the amount collected from in excess then you can file a money recovery suit through civil law.
You can contact and discuss at length with a local lawyer and proceed as advised by the chosen lawyer.
Dear Client,
This matter primarily falls under civil law, particularly related to breach of contract and recovery of funds. Since your case involves multiple aspects such as breach of contract, recovery of funds, and compensation for damages, it might require a considerable amount of legal work. You can consult with advocates in Greater Noida, specifically ones experienced in property and contract law, to get an estimate of the total cost for representing you in the local court.
This eill come under civil court jurisdiction. If any cheating has happened then FiR also can be lodged
