ANIL KUMAR ACHARYA (Sr.Manager) 13 July 2012

Cheque bouncing

Dear sir

I had booked a 3 BHK flat in JAMSHEDPUR (Jharkhand) in October 2008.The builder could not deliver the flat as promised.After lot of chasing ,Finally in June 2012 Builder informed me that he is unable to deliver the flat and ready to pay me back the amount paid to him with 12 % simple interest.

I finally agreed to the payment as I was fed up chasing him.

Builder gave me 3 cheque of equal installment and encashment is also distributed over 3 months.

I deposited the first cheque on 25-06-12 and it bounced and the bank report was “exceeds the arrangement”.

I have tried to contact the builder and he is not responding positively and only replying “I am arranging your money”.

I am frustrated over the builder’s attitude and I request your kind intervention to solve my problem at the earliest.

Regards

Anil Acharya

Jamshedpur(Jharkhand)

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3 Replies

Adv Rohit Dalmia 9324538481 (Lawyer) 13 July 2012

Dear Anil,

This is Adv. Rohit Dalmia from Mumbai. You may initiate legal proceeding against the builder for cheque bouncing. but before that you need to send the legal notice through advocate within 30 days period to the builder from the date you received the cheque returned intimation from the bank.

You may call on 09324538481 for legal assistance.

Regards,

Advocate Bhartesh goyal (advocate) 14 July 2012

Bouncing of cheque is serious offence which is punishable up to two years imprisonment and a fine up to twice of cheque amount or both so do not bother get him issued legal notice within 30 days from the date of cheque bounce and if he does not comply with notice within 15 days then file a complaint in court

shilpaja (professional) 16 July 2012

Cheque can be deposited repeatedly up to the validity period of the same (3 months) if you wish to forebear. However you should issue a demand notice within expiry of 30 days of last bouncing of cheque to the builder and give him 15 days period for repayment. If he fails to repay or if he replies to the demand notice, even though within 30 days after expiry of 15 days, you should file a criminal case against the builder. Its not for recovery but for punishment and fine which may be double the amount of the cheque..