Civil Procedure Code (CPC)

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RAGHU   11 October 2020

Legal advice/consultation

I paid Rs 14 lakhs to a real estate firm in bangalore in 2013 and cancelled the same in 2018 as the site booked was not delivered. The firm refunded part of the money and in 2020 gave 4 cheques Rs 2.0 lakh each which were returned by the bank due to insufficient funds. Since then, for six months, the firm promises to pay the remaining refund but citing various excuses including Corona pandemic. What options are available for me through legal means to get the money. Pl advice.

 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     11 October 2020

Consult a local lawyer and file a case against the Real Estate Firm.

RAGHU   12 October 2020

I need a guidance before I approach a local lawyer as to which court should I file, either civil court/cheque bounce or consumer court. and at what sections of IPC

G.L.N. Prasad (Retired employee.)     12 October 2020

Please be practical and understand the limitations in guiding through the forum without studying the facts and documents.   This issue is of 2013 and now you are agitating.  No details about the date of return of such cheques and follow up action till now.   Understand that you have to immediately take some action, as the limitation period is most important for commencing any litigation.   The local advocates can study the documents and can guide you properly.   Please do not delay.  It is his lookout to handle the case he has accepted.   

P. Venu (Advocate)     12 October 2020

You have the option for civil as well criminal action (for cheque bounce). However, the latter course requires a time bound action as provided under Section 138 Negotiable Instrument Act -

138. Dishonour of cheque for insufficiency, etc., of funds in the account. —Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless—

(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;

(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and

(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.

Explanation.— For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability.

Adv Vinay Mathur + 8447131770 (Advocate)     12 October 2020

You can file a civil complaint under Rera Authority and a criminal complaint with Police, but before that you give a notice to builder for your refund.

In consumer court case may take too long better approach Rera.

You have option under RERA, apart from civil and criminal action. Limitation has been expired to file complaint for cheque dishonor.
For detail advice, need to see allotment letter and other communication with the builder company.


RAGHU   14 October 2020

This real estate firm is registered under company act 1956. Is RERA  applicable for complaint?

yes absolutely. You can file case againt builder company as well as builders who are having sole proprietorship.

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