Section 138


I had applied for a flat in the year 2011 with M/s BCL Homes Zirakpur  and paid an advance deposit of Rs,50,000/-. After one year I came to know that they have no approvals and also had a very bad reputation in the market. As per the agreement I could apply for the refund after one year, so I applied for the refund. These people kept making one or another excuses. After a long follow up they issued a cheque of Rs. 50,000/-. to me. When I presented the cheque in my bank account It got bounced for the reason 'Insufficient Funds' I again followed up with the BCL homes, their director Mr. Tajnder Bansal/Gopal        bansal (issuer of the cheque) told me to present the cheque again after 15 days. But I again got dishonoured for the reason of insufficient funds.

I checked the online status in Judiciary page, there are 32 other people who have filed a case under section138  in Panchkula district courts against M/s BCL homes in the past one year. ALL these case are under progress.

 I wish to know that Is there any law to stop these type of habitual offenders from befooling others/ They are playing with peoples money, use the money for years together, Issue cheques (principal amount)  which get dishonoured/ Do not apear even once in the court/ when they get NBWs from court they make out of the court settlement and easily avoid punishment.' 

Do I have any other option except filing a fresh suit u/s 138 against this company? How long will it take to settle the case in district courts. The cheque got second time dishonoured last week.

Best Regards

 
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Advocate

Sir,

 

You can also lodge the complaint of cheating against them, because as a matter of fact selling the properties without having requisite licenses, falls with in the four corners of cheating .

 

Warm Regards 

Kapil Chandna Advocate

9899011450

 
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LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com)

agree with adv kapil

 
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