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Online (Querist)
15 September 2009

I have purchased a flat from a developer.
As per mutual (partly) and written agreement the cost of acquisition was Rs. 5,84,109/- (Rupees Five Lacs Eighty Four Thousands One Hundred and Nine Only) including Registry Fees, Stamp Duty, Lawyers Fees and Extra Works.
I have made payment of Rs. 5,94,025/- .
After calculation I saw that I had paid and issued excess amount against the cost of acquisition that’s why I withdraw all my amount from my saving bank account and one of the issued cheque of Rs. 25,000 was dishonoured due to insufficient balance.
We request the developer many times over the phone that please come and show me the proper statement of account but he did not respond at all.
But after a long time his advocate send me a Demand Notice of Rs. 25,000 along with the Interest @ 24% and threatened me that if I don’t make payment then they will file a case U/S 420 I.P.C.
Statement Showing Details of Transaction relating to Purchase of Flat

Particulars Amt. Amt. Amt. Amount
Cost of proportionate Plot @ Rs. 725/sq.ft. 514,025
(622 Sq.ft. + 14% super builtup (87 sq.ft.) = 709 sq.ft.
Cost of Registry 43,704
Stamp Duty 36600
FeesandStandardUserCharges 6905
Standard User Charges 199
Lawyers Fees 5,00
Cost of Extra Works 21,380 584,109 Self. Cal. Dev. Cal.
Electricals Switches 2550 3400 Dhalai[(112-35.45 Sq.ft.)=76.55 Sq.ft. @ Rs.165/sq.ft.] 12630 12630
Reserve Tank Water Line - 1500
Basin Water Line 1500 1500
Windows - Marble works 20 sq.ft. @ Rs. 70/sq. ft. 1400 1400
Black Stone with Materials 16 sq. ft. @ Rs. 25/sq.ft. 800 800
Tiles with materials (34.58 sq.ft. @ Rs.25/ sq. ft.) - 865
Gyser Line 2500 4500
Engineering Charges for Measurement of Flat - 1500
21380 28095
Date Paticular's Amount
7/5/200 Cheque 25,000
23/05/2007 Cheque 25,000
3/8/2007 Cheque 25,000
3/8/2007 Cheque 25,000 21/07/2007 Cash 25,000
28/07/2008 Cheque 14,025
29/07/2008 Cheque 400,000
30/07/2008 Cash 7,000
12/8/2009 Cheque 23,000
4/9/2008 Cheque 25,000 594,025 Total Excess Payment (9,916)



riven


Adinath@Avinash PatilOnline (Expert)
15 September 2009

Mr. Abhinay,
You have not given details of cheque e.g.cheque date,when cheque dishonoured,when you received notice of lawyer, have you replied said notice.If you have received notice firsly you have to reply said notice giving details of you have excess amount of Rs.9,916/-& you paid all agreement.If developer file criminal complaint u/s138 of N.I.Act/section 420 of I.P.c. you have to appear in said matter. Be sure you have not cheated developer.Be confident you have not come under provision u/s138 of N.I.Act/section 420 of I.P.c. you will be acqitted.riven

Sarvesh Kumar Sharma Advocate (Expert)
15 September 2009

abhinay
give the proper answer of that notice.
file a consumer case for that the developer is not showing u the proper statement of account and he did not responding at all.and alsodeman excess amount which u give him more.
developer is also cheeting u so u file a case u/s-420 ipc against him.riven

Raj Kumar MakkadOnline (Expert)
15 September 2009

Agreed with Sarvesh. Nothing to worry. The threatening is false. Reply the notice in proper way and threaten him to file a consumer complaint against him, if he do not supply you statement of account.riven

Shivasurya (Expert)
15 September 2009

Agreed with Mr. Sarvesh. send suitable reply to that notice and file suit for accounts and as well as prefer consumer complaint under the Consumer Protection Act agsinst him. You have fair chances to suceed in that casesriven



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