Sohan (Associate) 21 July 2012

Cheque stopped payment by builder

I am sohan from Gurgaon. I have booked a apartment in DEc'2010 in landmark group. But due to some case between farmers and builder, construction has been not started yet. So I asked builder to return my money back. So builder gave me 2 cheque of 5,40,000 each (only amt which i paid, without any interest). When I presented in Bank, both cheque has been stopped payment by builder. Pls suggest and guide, now what to do & what further action I can take against builder.

Thanks & Regards
-Sohan

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4 Replies

Anish Thakur 7018812737 (advocate) 21 July 2012

mr sohan , first of all sen notice to builder under sec 130 of NIA and alongwith this file you can file suit against the builder but for this i have to read the terms and comdition of the bond or agreement signs between you

Anish Thakur 7018812737 (advocate) 21 July 2012

sorry correction in above reply its sec 138 of NIA act instead of sec 130,kindly read as cahnged

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Advocate Bhartesh goyal (advocate) 22 July 2012

Issue legal notice to builder within 30 days of receipt of cheque returning memo and if builder does not comply with notice within 15 days of receipt of said notice then file complaint against him u/s 138 of N.I Act.