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.