cheating by builder

S.D. Singh (Querist) 23 May 2015 This query is : Resolved
We booked a flat with builder and paid 5 lacs. Later on it was known that builder has dropped the project since there was litigation on land. When we demanded back our money he paid rs. 2 lacs in cash and paid by cheque rs. 1.00 lacs. But the cheque dishonoured. Now he is neither paying dishonoured ch amt. nor paying ch or cash for balance 2.00 lacs. What legal remedies available. Whether we can file fir. We have receipt of money paid to builder and the allotment letter issued by builder on his letter head. Pl help

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Devajyoti Barman (Expert) 23 May 2015
Yes, you can file case of cheating.
Alternatively you can file case for refund and compensation in consumer forum.

Advocate Bhartesh goyal (Expert) 24 May 2015
You have many options,can file. case of cheating,complaint u/s 138 N.Iact Act for cheque bouncing,recovery suit and complaint for refund and compensation in District Consumer Forum.

Jeetender Gupta (Expert) 24 May 2015
A.Consumer Protection for refund with interest if it is still within 2 years from date of deficiency by builder.
B. Cheque bounce NI 138 if cheque was bounced with last 30 days. Or reintroduce again if validity of cheque still there.
C. Winding Up under Companies Act if builder is company (P Ltd / Ltd) & default within time period of last 3 years.

malipeddi jaggarao (Expert) 24 May 2015
When the cheque is bounced? If 30 days are over, you do not have recourse. You will have to present the cheque again and issue notice within the stipulated period preferably through local advocate.
Other options suggested by the experts can also be resorted to.

Dr J C Vashista (Expert) 25 May 2015
Entire circumstances and documents are to be analysed and proceeded through a local lawyer, contact, consult and engage.

Sunil S Nair (Expert) 25 May 2015
Without delay engage a local lawyer with all relevant documents and receipts, bank transactions between you and the builder.

T. Kalaiselvan, Advocate (Expert) 28 May 2015
You should not delay this issue any further. First lodge a complaint with the police for cheating, issue a notice for cheque bounce and subsequently file a cheque bounce case, move a complaint with the consumer forum too for recovery and damages.