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Demand Notice U/S 138 of Negotiable Instruments Act, 1881
One of my friend is residing at Chennai and his mother has sold one property at Madurai for which the purchaser who is a resident of Madurai has to pay balance Rs 2, 000,00 . For this due amount, the purchaser has given a cheque IN FAVOUR OF MY FRIEND’S NAME instead of his mother’s name.
2. The said cheque has been presented into at Chennai Indian Bank and returned by SBI Madurai on 24-04-2018 stating that “PAYMENT STOPPED BY DRAWER”.
3. A police complaint has been given to the Deputy Commissioner of Police, Madurai on 29-06-2018 for recovery of said Rs. 2,00,000-00 from the property purchaser and police is being taken action against my complaint.
4. I may kindly be advised whether,
a. my friend can issue Notice to the property purchaser under the Consumer Protection Act, 1986 before filing a case in Consumer Court.
b. Can we claim compensation more than Rs.20,00,000 and Opposite party may be requested to pay Rs. 2 lakhs being dishonored cheque amount and remaining amount may be pad any Blind School as donation in favour of my friend’s name and produce original receipt.
(Note: The compensation amount has been claimed in higher stage so as to file case at TN SCDRC Chennai instead of DCDRF Madurai).
c. The Police complain has to be withdrawn or it may be continued when I proceeds for filing case in consumer Court.
C. Shanmugam, 30-06-2018
E-Mail ID: firstname.lastname@example.org
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30 June 2018