Ni act
Naga
(Querist) 25 November 2012
This query is : Resolved
Dear Sir,
I have purchased 6 plots and registered them through sale agreement cum GPA from the undeveloped layout of my vendors. And also my vendors agreed to develop the above plots along with their remaining plots for a consideration of 1,00,000/- Rs per plot as development charges and entered MOU with them and issued post-dated cheques and promissory notes for the 6,00,000/- Rs of total above consideration. As they did not complete the development of their layout due to some other problems with the remaining plots but even though they presented the cheques for collection. As we have no intimation regarding the presentation of cheques the cheques have bounces due to insufficiency of funds. We offered them partial release of funds compensating the work done so far (as agreed in the MOU), but they are not accepting the partial payment. As we have no confirmation regarding the development (more than 75% of development is due) so we are not interested to the amount until the total agreed work is completed.
They have filled criminal cases under NI Act,( instead of civil suit ) for the cheques bounced by changing the context in the MOU(which is with them) that there is a balance in the sale consideration for the above 6 plots even though it was mentioned the full sale consideration is received in the registered document. So kindly suggest me how to proceed?
And we request you sir,how this can be convert in to civil suit?
ajay sethi
(Expert) 25 November 2012
what you should do si file complaint before the consumer forum against the vendors for deficency in service .
as far as complaint under section 138 NI of cheque bouncing is concerned you have to fight case on merits . you have to prove there is no debt due and payable .
consult a local alwyer . it is necessray to go through the provisions of MOU entered into by you with said developers
V R SHROFF
(Expert) 25 November 2012
I wonder u did not reply 138 notice by mentioning there mou, and no liability to pay.
Once mou copy not with u, , ur defence doc lying with compl.
Despite it, u can go for criminal breach of trust, by collecting money, and not completing the devp job. .The police comp will help u defending 138
Raj Kumar Makkad
(Expert) 25 November 2012
I think, you might have the copy of MOU with you (though you might have original MOU under your custody instead of developer). You file a civil suit for specific performance of contract and urge that the original MOU is with the defendant so secondary evidence be allowed to be lead in your evidence. You have won 1/2 battle as the opponents have made the story of non-payment of consideration of sale agreement cum GPA in the criminal case which is not possible by them to prove so be firm on true facts and prove them with the help of your lawyer.
