10 November 2017
Investment of 2 crs was done in prime area in Mumbai for a flat over a period of 2012 to 2015. Flat delivery was supposed to given in Dec 2015. Construction activity at site stopped since last 3 yrs. Matters discussed with the Bldr. MOU signed in Feb 2017 wherein PDCs spanning over a year were given by the Bldrs. All PDCs bounced except for two. No paymt coming for months. Decided to file a Summary Suit. The amount agreed with the Bldr in MOU is 2.82 crs. Question 1 to be asked is that if go the Summary route what is Court fees we will have to for the said Amy of 2.82 cr. Question 2 Can the court fee be paid by cheque /or demand draft or Online or Cash.
12 November 2017
Besides summary suit for recovery under Order XXXVII CPC you must file criminal complaint under the provisions of Section 138 of the Negotiable Instruments Act, 1881. Court fees differ from state to state, consult a local lawyer. The court fees paid shall be included in the decree which shall be recoverable from the defendant/ judgement debtor i.e., builder.