Sale of flat
shekhar
(Querist) 15 February 2014
This query is : Resolved
Hi,
I entered into an agreement to sell with a person for the sale of a flat at x amount in ghaziabad,the agreement was on 100Rs.stamp paper,attested by notary public,he gave me first advance cheque & it was dishonored,second time he gave me some money& another cheque,second cheque was also dishonoured,third time he gave me some money & third cheque it was also dishonoured & in the meantime his last date of agreement came & he couldn't gave us promised money & also failed to deposit EMI of the flat,as mentioned in the agreement.He forced us to sign another agreement for the same deal with his man & asked us to carry forward previously given money into this new agreement,we were forced to sign new agreement with his men.At the signing of second agreement he gave me two cheques & some cash but both this cheques were bounced again & didnt deposit EMI of the flat,as per second agreement clause.This time we filed a case under 138,new & old parties haven't attended the date,finally second party was also failed to give us money as per schedule,agreed upon in second agreement but on the last date of agreement,they reached, with DD of entire amount,court to mark their presence.Now they have filed a case under IPC 420/467/468/471,with absolutely no fault on my part........pls suggest
ajay sethi
(Expert) 15 February 2014
if party had failed to make payment on due dates as per agreement you could have cancelled the agreement . there was no need to enter into second agreement .
if cheques had bounced again you ought not to have filed cheque bouncing case . just sent notice that cheques have bounced and as you have failed to honour your commitments cancelled the agreement .
no case of cheating etc is made out against you . in any case averments made in complaint have to be considered .
it appears the cheating case is filed as counter to your cheque bouncing case .
since they are now ready with DD of entire amount arrive at an amicable settlement .
Rajendra K Goyal
(Expert) 15 February 2014
Though you are in a better situation as per facts, but it is advised to arrive at amicable solution.
If not possible, defend the case against you on merit.
R.V.RAO
(Expert) 16 February 2014
now that the buyer is ready with total amount ,charge some interest for late payment and deduct same from his money lying with u and return the balance,take receipt..
take the dd and go for settlement in the presence of mutually acceptable mediators.
T. Kalaiselvan, Advocate
(Expert) 18 February 2014
Yes advised by Mr. Rao, an amicable solution should be arrived so that there is no dragging on the issue legally or otherwise.
