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Residential Property Fraud by builder

(Querist) 26 September 2015 This query is : Resolved 
Hi,

I need some guidance to file a case against builder.

We had made the booking by depositing Rs.2,90,000/- one year before through cheque and received receipt of the same.

Later on it came to our knowledge that place on which builder is commencing construction is illegal and its in dispute with high court of restraining any construction on the said property as it was alloted for agriculture purpose.

So i had applied to him for refund of my monies deposit while booking, to settle our claim of refund he gave us post dated cheques on installment out of which two got bounced and after that we have stop depositing his other cheques.

We had approached him again he promised me to pay but now he is delaying by giving illogical stupid reasons.

Kindly help me out in this case !!

Thanks & Regards
Shabbir Ansari
Sudhir Kumar, Advocate (Expert) 27 September 2015
"after that we have stop depositing his other cheques."

why?

why no criminal proceeding is launched.


are you happy with the charity you made.
Rajendra K Goyal (Expert) 27 September 2015
Consult local lawyer. Present remaining cheque, if bounced send legal notice and file cheque bounce case.

File case on previous bounced cheques if time for sending notice has not lapsed.
Shabbir Ansari (Querist) 28 September 2015
Dear Sudhir & Rajendra Sir,

I know its a fraud as per negotiable instrument Act. Yes i am planning to send legal notice to him.

Just need some consultation like is there anyway other than filing court cases because it takes up a year to settle alongwith lawyer fees i have to bear.

Few suggested me to take help of police and settle the matter, but as you all know our police will charge hefty commission from me.

Another option someone has suggested to file FIR against him.

Please suggest me the one which is better and in which I'll be at no loss.
Shabbir Ansari (Querist) 28 September 2015
Thanks for your replies :)
Dr J C Vashista (Expert) 28 September 2015
Lodge FIR against the builder through a local lawyer.
Rajendra K Goyal (Expert) 28 September 2015
Lodging FIR and cheque bouncing cases is the remedy.
Shabbir Ansari (Querist) 28 September 2015
Thanks for the replies
T. Kalaiselvan, Advocate (Expert) 02 October 2015
For cancelling your booking he is refunding the amount through cheque which were bounced for some reason. This is a clear case to be settled in the court alone. The police first of all may not entertain except for cheating for not honoring the commitment made in the cheque, and the police also will file a case in the court only by which you cannot recover your money. Even in cheque bounce case if the court is not granting compensation then you cannot do anything on it. Therefore, you may file a cheque bounce case and a money recovery suit simultaneously to safe guard your interest. If you are going for short cut methods, you may land up with heavy costs and disappointments. Think properly and take wise decisions.


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