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Sridhar V Sridhar (Employee)     19 August 2023

Can i claim for interest amount default in consumer forum

I have paid 19L through bank transfer to a builder, after 2y time, I realised he is not genuine builder. Discussed with builder and agreed to take back my amount with 2%pm. He gave me two checks one for principal and one for interest. After the checks expiry and reissue happened 4 times, principal amount transferred to my bank account in bits and pieces and for interest amount he reissued one self check, I overlooked that point by the time of receiving the check.  Now he is denying to pay any amount. I have soa document, previously issued check copies, bill for original payment, bank transaction record and builder message record stating that "I will not give a single rupee more and do we go police station or court? I am ready". Do I seek for justice in consumer forum to get back my interest amount? 



Quick Summary
A buyer paid a builder a significant sum, only to discover the builder was not genuine. After agreeing to a refund with 2% monthly interest, the builder made partial principal repayments but issued a 'self' cheque for the interest, which is now being denied. The buyer possesses documentation including SOA, previous cheques, payment bills, bank records, and threatening messages from the builder. They are seeking advice on whether the consumer forum is the appropriate venue to claim the outstanding interest.

 3 Replies

P. Venu (Advocate)     19 August 2023

What do you mean by "for interest amount he reissued one self check, I overlooked that point by the time of receiving the check"?

 

Sridhar V Sridhar (Employee)     21 August 2023

Apologies,  instead of writing my name Sridhar on the check, the builder written on the check as "self".  

Sudhir Kumar, Advocate (Advocate)     24 August 2023

I hope refusal is not mor ethan one yer old.


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