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Santosh Bhalerao (Key account coordinator)     18 January 2014

Work not done by builder

i had purchased flat from M/s SK developers (partnership firm-3 partner). i had made all the payment except 1.05 lacs which is on hold bacase builder is not doing pending works in flat. i was in follow up with them since Dec 2012, recently (Nov 13)  i shifted to this premises with their concent (one of parner was presented in housewarming cermony). In between they told me to give them cheque of balance amount and they will do pending works so i gave them cheque of balance amount of Rs. 1.05 lac.

now they are willing to do pending works. they preseneted this cheque to my bank, cheque got bounced because it was not informed us. Now they are sending me a notice under 138. please advice how get tid of this. as an document i had SMS on this subject saying that do not deposit cheque unless and until works done. i never denied for payment. my only condition is they have to complete the pending works.



 1 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 January 2014

Dear,

Since they have not completed there part of the contract they are not legally entitled to get the same, and if they are not legally entitled to receive the payment the case u/s 138 NIA could not be made out. Better get a local counsel and contest the case.

Advocate Kapil Chandna

9911218741


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