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Sridhar V Sridhar (Employee)     28 August 2023

Fits under ni act ot consumer protection act

Builder has offered me to sell a 1170sft. 2BHK Flat for a sale consideration of Rs.37,44,000. 

I have accepted offer and have entered into an agreement of sale, dated 24-07-2021 and paid an amount by cheque No.391284 dated 22/07/2021 drawn on ICICI Bank for a sum of Rs18,72,000, as against, I received receipt S.No.2061, dated 20/07/2021.

As the project is not moved further since then, I have cancelled my deal and requested for refund the amount with interest.  Builder has agreed to pay back the amount with interest @ Rs.2%pm. till date of full amount of refund.    Accordingly builder has given two postdated cheques, one for Rs.18,72,000 and another one for Rs.7,48,800, total for an amount of Rs.26,20,800.   And he  refunded the part amounts by online bank transfers so far.  For the balance amount due, Rs.7,48,800, initially, builder has given me a cheque No.000067, drawn on UCO Bank, dated 24/03/2023 and later, before being the cheque expired, he has reissued another cheque No.572519, drawn on YES Bank, dated 15/07/2023, but this time written payee as 'self', instead of my name. I have deposited cheque and it is returning by bank to me, it is in transit.

1. Can these facts fits to file a suit u/s 138 NI Act?

2. Can these date facts fits to file a suit under Consumer Protection Act ?

3. Can I claim the amount based on the agreement point as in attachment?

Thanks in advance. 


 3 Replies

Anwar   01 September 2023

first thing did you enter into agreement to sell the same if yes then file money recover dues in Civil court if  uwant u can call me 9845591374


Hardeep (Business)     02 September 2023

Cases could lie together in CPA, NI Act and Fraud.

Cheque marked self, if crossed, may only be paid to the signatory. So you are on weak ground there.

A civil suit for recovery also lies.

1 Like

Sridhar V Sridhar (Employee)     06 September 2023

Agreement point: 


That in the event of any defect found in the title of vendors in respect of schedule property by reason of which if the vendees suffer any loss pertaining to possession, the vendor shall compensate the vendee for the amounts received by the vendor with simple interest as agreed by both the parties at the final settlement 

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