Mehul (None) 18 May 2013

Cheque bounced

Hi,

Last month, I had rented out my flat to a family vide a registered agreement for 11 months. The said party gave me cheques for Rs.50000 as security deposit and Rs.12000 as first month rent before the registration. On the day of registration, I went to the bank and got my passbook updated and the funds were shown in my account post which I completed registration and handed over possession. Today, after 1 month, I have got a letter from the bank saying that the cheque has bounced. When I checked with the bank regarding the passbook entry, they told me that it was uncleared fund and that has been debitted back from the account.

Can you please guide me as to what are the options that I have to recover the amount as I am sure even the PDCs for the subsequent months rents that he has issued will also bounce. Couple of pointers here are

- The agreement has a reciept for me acknowledging the reciept of the amounts of 50000 as well as 12000

- The agreement has a termination clause of 1 month. However, I am not sure if I need to give him the one month notice or not because he has breached the agreement itself by not paying me a single rupee.

In this regard, I need help from the esteemed lawyers on two fronts. What is the way in order to gain back possession of my flat, and how can I recover the dues from him for the period which he has occupied my flat.

Thanks in advance, and any help in this regard is highly appreciated.

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3 Replies

S P SRIVASTAVA (ADVOCATE) 19 May 2013

Since you have actually not received any payment, the agreement has become voidable. Make clear you want him to continue subject to payment of amount due till date or you do not at all want him to continue.If you do not wish ,give a legal notice demanding all dues till vacation and terminating rent agreement, if he fails to pay and or vacate then file suit for possession. I am practicing in Delhi if you wish may talk to me on 9811405665 for further information and or assistance.

1 Like

Rahul Kapoor (Legal Enthusiast) 20 May 2013

Sir,

do u have the notice from the bank ?

issue him a legal notice within 30 days from the receipt of that notice.

after recieving legal notice he has to reply within 15 days and from 16th day you can initiate the proceedings.

take their permanent address as they will try to flee away( locating him will take much of your time) and do confirm that address bcoz in one of the case the accused fled away.

regards-

rahul.gogreen@gmail.com

Adv k . mahesh (advocate) 22 May 2013

first issue a letter

1 to the bank stating the facts that due to there negligence he has to face such hard ship and without that fault he would have not entered the agreement and would request them to pay the damages or will take legal action against bank

2. the bank people will give you the notice of bounced cheque so issue a formal letter to vacate the flat within 7 days or else you will take legal action if he is not responding send him a legal notice thorugh a lawyer

3. try to take money and cancel the agreement without this legal hurdles because you should have to bear expenses and also you have mental tension