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Vaibhav Dixit (IIT Guwahati (B.Tech.))     25 October 2015

Other party physically abused me after i sent a legal notice

Learned Lawyers,

I paid a builder certain sum as advance for construction of a flat. The builder however, didno't complete the construction on time. On further investigation I found that the builder had already registered the flat(already in unconstructed condition!) to some other person.

When I asked the builder to pay back my money. He gave me cheques of 50% the advance amount. He promised me that he will pay the rest in a month.

On depositing the cheques in my bank, they bounced with reason "Funds Insufficient". I called the builder and informed him of the same but the builder told me "Jo karna hai karlo" (Pardon my language, these were the exact words he used.) As a standard procedure, we sent him a legal notice  within 30 days time limit of bouncing of cheques. On receiving the legal notice, certain goons physically abused my father and threatened him of dire consequences.

It pains me to see how certain people think they take laws of land on a joyride, especially when we on our part have been most courteous.

What all can I do in this regard now. Our lawyer is out of state for two days and we wll be able to meet him after that only.

Any advice will be highy appreciated.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     01 November 2015

The builder cannot use violence or force either in person or through his hired goons, it is illegal and he is liable to be punished for that.  Besides proceeding with cheque bounce case and initiating a money recovery suit against him in a criminal and civil court respectively, you should lodge a criminal complaint against the builder and his hired goons immediately and in the complaint you should narrate the entire incident that took pace including those words used by them.  


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