Apni Law Staff asked 2 years ago
I, Pankaj Vasudeva, had a notarized agreement to buy a flat for ₹45 lakhs. I paid ₹30 lakhs by cheque and ₹5 lakhs in cash as an advance payment. The agreement stipulated a one-year timeframe for the registered sale deed. However, the flat lacked building usage permission, making it ineligible for a loan. It’s been a year and a half, and the seller has neither refunded the advance nor fulfilled the document requirements. Since I’ve already bought another property, what’s the best legal recourse to get my advance payment back?
Best Answer
Apni Law Staff answered 2 years ago
You can file a civil suit in a court of competent jurisdiction against the seller for breach of contract. Since the flat lacks building usage permission, you can also argue that the seller has failed to perform a crucial condition of the agreement, allowing you to rescind the contract and claim a refund of the advance payment with interest.
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