Stop cheque payment

Abdul (Querist) 22 April 2017 This query is : Resolved
Hi,

I purchased a property from a seller and registration done on 4/3/17. Since the seller promised to do the remaining finishing works, I issued a post dated cheque for 20/3/17 for an amount of 2,50,000/- But did a mistake of not making an agreement for the same. Since the seller did not initiate any work till 11/3/17, I gave a stop payment cheque instruction to the bank.

Till this date there was no notice from them, but informed the mediator that they have not committed all those works and they are ready to give me a concession of Rs 75000/- and remaining payment to be given next week. The work is still pending

Please advise me an amicable solution

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P. Venu (Expert) 23 April 2017
The posting reveals no issue to be solved amicably or otherwise.

Abdul (Querist) 23 April 2017
No, My concern is since they haven't started any legal action against me for stopping the cheque payment for about a month, do I need to worry? They have not fulfilled their promise to complete the work. That's why I blocked the last payment cheque of 2,50,000/- Instead they are ready for a compromise of deduction of 75,000/- from the remaining due.

Guest (Expert) 23 April 2017
No need of any legal solution right now, if no problem has arisen so far. For amicable solution, both you and the seller has to arrive at.

You may come here with the real problem, only if and when that arises.

Guest (Expert) 23 April 2017
Agreed with Experts

Kumar Doab (Expert) 23 April 2017
"but informed the mediator that they have not committed all those works and they are ready to give me a concession of Rs 75000/- and remaining payment to be given next week. The work is still pending
"

The possibility of agreement/settlement is not denied to you and is available for you.

Avail it and cover any other lapses also.

Rajendra K Goyal (Expert) 23 April 2017
Wait and watch for next step from them.

Abdul (Querist) 23 April 2017
Thank you all for the points given to me.

I still want them to complete all the works they promised to do for me for the cheque amount of 2,50,000 though the details of works are not well documented or else they may have to ignore the cheque.

But my question is, if they go ahead of filing a case against the stop payment of cheque, will I be in trouble as I am a Govt.servant. Will it come under section 138 of NI act?