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santhosh (Engineer)     20 September 2014

Stop payment for incomplete work

Sir/Madam,

I purchased a flat in chennai during the purchase builder agreed to give ameneties like lift,car parking,Open terrace with gardens,intercom facility for flat and didnt handover mother documents,drainage,metro water, eb connection receipt..In addition to this he built a shop in our car parking area which is unapproved and built a unapproved flat in second floor.Once we flat owners came to know that we stopped the illegal constructions by approaching in chennai corporation..The issue is when i occupied the flat i was having 1 lakh balance for the above said money i issued a post dated cheque to builder...After i came to know that i came to know that these are the deficiencies in the whole building..Ttarget='_blank' rel='nofollow' hrefore in this scenario i made the stop payment cheque for the issued cheque..Right now he sent me a notice that within 15 days i have to settle the above said money otherwise he will initiate file a complaint in court..In this scenario my intention is not to cheat him but i need to get correct above the issue..How to tackle this issue..Please advice me to proceed further..I thought to give notice again to the builder that the i will return the money until the situation becomes normal..Is this the reply is valid..Kindly validate..

 

regards

santhosh



Learning

 2 Replies

Sunil S Nair (lawyer)     27 September 2014

As soon as possible get help from a local lawyer with all relevant facts that you have mentioned the statements made by builder which can be proved in court send a reply notice to the same make other owners of the flat stand with you and file a other case against the builder in consumer court for deficiency in service 

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 October 2014

Dear,

 

Need not to worry, since he has not completed his work therefore no legal liability has accrued in his favor and he cannot prosecute you for dishonor of cheque. Just send him a notice mentioning that I am ready and willing to pay the money provided he fulfills his obligation ...

 

Advocate Kapil Chandna

9899011450


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