Cheque bounce case
Ajay Sharma
(Querist) 18 February 2014
This query is : Resolved
Hi Respected Sir
I Purchased a New flat in Gated Community.
I have paid all the Amount except The exta work amount which is Around Rs 20,000.
When I went to Clear the balance amount They Said that you have to pay Rs150,000 I Got shocked for the moment later I got to know that.
The Builder has Added Coporus Fund Amount-Rs 65000 and 2 Years Maintaince In advance Rs 65000.
I told them Coporus Amount need to be Paid when the Association is formed and How can you fixed the maintaince amount, its an right of all the owner to Decide the Maintenece Amount.
But They are not ready to hear any thing and said that you give us Two Post dated Cheque. Later what ever the owners will decide that would be the final Maintence Amount and the cheque of maintence would be return to you.
My Query Is
What if without my consent they went for encashing the amount I dont have Rs.
130,000 in my acount It will going to take atleast 7-8 month to accumulate that much amount and they are asking to pay the post dated cheque of April Month.
Please suggest me what shall I do. They are not Giving me Possesion letter/Occupation Letter.
ajay sethi
(Expert) 18 February 2014
generally builder always take 2 year maintenance and corpus fund cheques in advance . the reasoning being once possession is handed over members fail to pay maintenance on time . further corpus fund is for benefit of all members . builders wont part with possession unless these dues are paid . generally there is a clause in agreement to that effect . pay in installments . dont take possession until payment is made
Rajendra K Goyal
(Expert) 18 February 2014
Expert ajay sethi ji has advised well on the issue, agree to it.
V R SHROFF
(Expert) 18 February 2014
choice is yours. Pay and get possession, or wait ! Simple.
All want safety.. u as well as builder........
T. Kalaiselvan, Advocate
(Expert) 19 February 2014
So, it is a fact that generally there is such a practice before handing over the possession by the builder to obtain post dated cheques. Since you are making the payment by cheque, you can always keep a track of the payment whether it is has been utilised for the purpose it was obtained.
