CASE-Mr. Confused went to the market to buy a Car, being prejudiced regarding the price of the car he mistakenly paid to the seller a sum of Rupees 3 Lakh while the actual price payable was of rupees 2.50 Lakh only; on discovering this foolishness of himself, Mr. Confused asked the seller to return the undue sum of rupees 50 thousand but he refused by saying that- “ Once gone, forever gone”. Mr. Confused is really confused! Advice him.
ANSWER-Under the provisions of Section 72 of The Indian Contract Act,1872; Money paid under mistake or coercion is recoverable as there exists a quasi contract between the payer and the payee. Hence, Mr. Confused is legally empowered to recollect the sum of rupees 50 thousand.
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