we have purchased a shop in 2009 in a mall in Navi Mumbai, the deal was not direct
from builder, its a pre ownered shop.
The salesman never brought the owner in picture, the cost of the shop was decided
by salesman, he demanded 45% black money as if it was the expectation of the owner
thus we agreed and paid 45% black to the salesman and 55% in cheque favor of
Present Owner of the shop.
The sale deed, franking, stamp duty and all the required formalities were done
legally, it is mentioned in the sale deed that the property has NO DUE whatsoever,
and even the same is communicated by the salesman that the property is free from
any due.
we tried to lease out the shop but we didnt got any taker, so the shop was closed
till date, however when we got a taker, we made rental agreement and allowed to
use the shop - only by now we came to know the shop had no electricity supply,
the previous owner had not paid the electricity bill since before we purchased the
shop and thus the meter is Permenently Disconnected.
when we reported this to salesman he said, he is unaware of this fact, we suspect
he knew it as he must have recevied the bill and the defaulter notice in his
office. however to get the electric meter reconnected, we had to spend Rs. 9800/-
and now the power is working.
secondly when the new tenant was renovating / doing interier furniture work, Mall
Management Team came and closed the shop shutter, demanding to pay all the
maintenace due, which was again pending for previous owner about Rs. 32000/-. when
we approached the management to ask why they never sent a notice to us informing
the same, they say, we are not the present owner of the shop as they have only
information about the previous owner from whom we purchased.
They say, previous owner is not responding to calls and notices, and since they
don’t have any update of our information they have never contacted us.
when we contacted the salesman, he pretent to act like he is not in India, he
either never picks up call, says he is on leave, sometimes says he is in Dubai /
Qatar for his sister wedding.
Moreso he said, he will recover the previous owner’s due amount and will return us
in full. and later he said he received the cheque from previous owner but there is
some mistake in the cheque so he is awaiting for new cheque, then he informed us
he had paid the cheque in his head office for our shop, when we enquired at
accounts dept of thier office, there is no payment made.
later on he paid us a cheque of his bank account with amount Rs. 32000/- and
didn’t wrote the date in it. and said right now he don’t have money, so asked us
to keep this cheque as security and once he receive the money, he will handover us
and withdrew the cheque from us.
It was agreed between us and salesman during the time of purchase that the expense
of shop transfer will be born equally by previous owner and us, so we paid our 50%
cost which was fixed amount Rs. 18400. we paid this amount in cheque in favour of
the Management. he returned the cheque after 4 months and said, he want cash not
cheque, and due to his pressure we paid cash for which we received receipt as
well. however still he had not transfered the shop in our name, when we asked
about this, he said he recevied a DD in favour of management for our shop which he
will handover to management in few days.
Now since it had been a big pain running behind this and the salesman is
frequently changing his words, what are the options we have to take legal action
against him.
please advice how i can recover money from him and take legal action agaist him.
Unfortunately this law basd on the law of India and I have no idea on how you can take legal action.