Legal Question in Landlord & Tenant Law in India

We had finalsed a deal in the month of march 2020 the dealer asked to pay one month 27500/- advance to his account which he will pay to landlord in cash . We paid him the moneys in dealers account. We were due to shift on 28thmarch but due to lock down we were not able to. In third stage of lockdown the rules relaxed a bit and people were allowed to shift we Called our dealer to update us about the flat as it was still in possession of previous tenants. Our shifting was dependent on thier vacating the house. Wheneever we call the dealer he didnt answr our call or rudely told us to get in touch directly with owner . We were in touch with owner he told us existing tenant would be vacating in may 10th we prepared accordingly for shifting . But in 10th he again increased the duration to 10 more days . We at that stage told the owner that we need to finally shift till 25th or we will have to cancel the deal he asked us to wait till 20th . We again confirmed us on 20th that his tenant would leave on 31st so we had him to cancel the deal with him . He agreed.

Now we appraised the matter to dealer and asked to refund our money but he said he has adjusted the money in commision and the same is not refundable. He is blatantly refusing and saying we r harassing him

He himself adjusted the whole one month rent to commison when we had finalised his commison as 24k which was due after handing over of the flat.

So far no rent agremment has been made or the deal been completed.

Kindly advice if there is a way to get our money back

Asked on 5/24/20, 9:23 pm

1 Answer from Attorneys

Vishwa Arya Arya & Co.

It is unfortunate that the dealer is cheating on you. He is not entitled to any amount much less the agreed amount of 24K. He would have been entitled to the agreed amount only when the earlier tenant had vacated and you ha d entered the premises. In another situation, when the earlier tenant vacated and for some reason you could not enter the premises, he still would be entitled. But not in the present condition that the earlier tenant did not vacate and there is no deal. It is not a case of cancellation but is a case of no deal at all. You may make a complaint to the police that he induced you to take on lease a property which was already with a tenant. tenant still has not vacated. B ut he has kept to himself 27500 which he took under the guise of making payment to landlord. He has put himself to wrongful gain and put you to wrongful loss. He be punished for cheating. write this complaint to the police and in reaction he will settle and return the money.

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Answered on 5/24/20, 9:45 pm

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