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Kiran (software engg)     26 November 2010

Balance Amount from Builder

Hello

I have been cheated by a Builder in Visakhapatnam. I have paid him Rs 3L to purchae an appartment. I was chasing him for 5 months to get the required documents for applying a loan in the bank. Everyday he use to come up with a new story and he never gave me any of his propoerty documents. So i decided not to buy the appartment from that builder.  I could get 3 cheques from him 1L each . When i submitted those cheques it got bounced and by chasing him i could get my 2L out of those 3L .. Now he is unavailable on phone and he has changed his addresses. How do i put up a case on him. Can i go to the consumer court and lodge a complaint against him or do i have to file a civil case against him. Any sugggestion on this issue would be highly appreciated. The third cheque is expired now as wel



Learning

 3 Replies

Suchitra. S (Advocate)     26 November 2010

Sir, file a cheque bouncing case under s.138 of CrPC after sending him legal notice.

Kiran (software engg)     26 November 2010

The mistake i have done is i have bounced those cheques 1 year back. Thats when he gave me 2L. Now the remaining 1L needs to be recovered from him. I still have the cheque though but it might have expired.

Now if i want to file a case should it be Civil court or Consumer. How much time would it tae to resolve the issue? 1/2/3 years??

sophia (advocate)     26 November 2010

 u can represent the cheque within 6 months from the date of cheque.or else u shall file a suit for recovery of money along with interest and legal expenses.at the end of the case  u will recover the money by attaching his movables and immovables.duration of years to finish the case is not certain,but u can get the amount with interest,good luck-sophia highcourt,chennai


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