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CP (none)     17 April 2014

Cheque paid back by developer(booking cancelled) bounced

Hi,


I had booked a plot and developer had agreed to do NA of plot in a month. He executed a notorized agreement that if he fails to do NA, I can claim back my money with 18% interest. 6 months later the NA was still not done & we cancelled our booking and asked him to refund. He gave us two post dated cheques (with 15% interest rate as opposed to the 18% interest that we were promised)

we deposited one cheque 3 months later on the day of the cheque and it bounced . (bank says builder issued a stop-cheque) on the payment. he is not ready to pay. he is just postponding.

We consulted a lawyer & she is advicing to go for summary procedings against him. please advice on what would be the best way to handle this.

Regards,

Rahul



Learning

 2 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     17 April 2014

you have to file proceedings U/s. 138 of the Negotiable Instrument Act. Immediately with consultation with your lawyer, as this offence is very technicle and there is strict limitation provided...

you also go for criminal action, like to file complaint to the police station...

SeekAdvice India (NA)     17 April 2014

Need Free On-call Legal Advice.???

Just give a missed call on 08010201301(toll free)

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visit https://www.seekadvice.in.


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