Regarding check bounce & delaying to returning the deposited money for cancellation of booked flat
Ramesh singh
(Querist) 20 August 2014
This query is : Resolved
Hi sir,
8 month before i was booked the flat with DreamGK in Bangalore.At the time booking i was given 6 lakhs rupees via 2 cheque.
After 1 month of all this i get to know about this builder (DreameGK) that,their work is this only- trap the people take the money & use this interest free money for other construction project.
So, i canceled my booking. after 1 month of cancellation they issued me 3 post dated cheque sum of 4 lakhs rupees.
I were deposited cheque into my bank a\c according to date mention on cheque.
3 days later i received the message from bank regarding Dishonoring the cheque.
before depositing cheque, many time i informed them to maintain balance for the clearance the cheque. Now total 4 time cheque has got bounced.
Due to this,I have completely lost my pies of mind.
Please suggest me? how can i legally get my money back,what is the process & how much time it should take.
your valuable suggestion needed & help me a lot...
Thanks
Devajyoti Barman
(Expert) 20 August 2014
Immediately send them notice with 1 month of dishonor. Then file case u/s 138 NI Act.
You can file summary suit for recovery of money as well.
Raj Kumar Makkad
(Expert) 20 August 2014
You have not mentioned the last date of the bounce of the cheque without which no definite reply can be given to you either to go for 138 NI Act or the suit for recovery.
Rajendra K Goyal
(Expert) 21 August 2014
Send the legal notice and file the suit u/s 138 NI Act, also file summary suit, consult local lawyer.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 21 August 2014
If date of sending notice expired present cheque n get it discovered n immedly send notice
ajay sethi
(Expert) 21 August 2014
file summary suit for recovery of your money . results are faster
Shonee Kapoor
(Expert) 21 August 2014
I agree with Ld. Sethi; results are faster in summary suit for recovery in such cases.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
T. Kalaiselvan, Advocate
(Expert) 25 August 2014
Money recovery suit will be the best relief for recovery of money and a criminal case for cheque bounce u/s 138NI act can be filed for bringing him to the negotiation platform.
Raj Kumar Makkad
(Expert) 26 August 2014
If the complaint has not been filed within the stipulated time, complaint under section 138 NI Act is not maintainable.
