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Dev (Sr Manager)     27 July 2011

Dispute in advance settlement

Dear all respectable,

I am an engineer based in Hyderabad working in a ltd co., The case details are..

I have entered into an agreement two years ago with one of the builders who promised us on certain amount he will construct the houses on the plot allotted and handover. I have paid Rs. 150000 as advance with a formal agreement deed. Now due to some other reasons he is not constructing it. Whenever we  are asking for the money, he is escaping telling some or reason. After threatening him, he gave a cheque which is bounced. Now he is not responding our calls and reached to him personally ,now  he is denying and advicing us  put up a civil case against him. He also told that the case will take another 10 years for hearing and in meanwhile, the advocate will eat my full money.

This case is same with other 4 relatives of mine who are stayng in different locations. The total money at dispute is Rs. 750000.

In these circumstances, plz advice me of what to do now. 

 

Regards

DeviShankar



Learning

 2 Replies

Dev (Sr Manager)     27 July 2011

Dear all respectable,

I am an engineer based in Hyderabad working in a ltd co., The case details are..

I have entered into an agreement two years ago with one of the builders who promised us on certain amount he will construct the houses on the plot allotted and handover. I have paid Rs. 150000 as advance with a formal agreement deed. Now due to some other reasons he is not constructing it. Whenever we  are asking for the money, he is escaping telling some or reason. After threatening him, he gave a cheque which is bounced. Now he is not responding our calls and reached to him personally ,now  he is denying and advicing us  put up a civil case against him. He also told that the case will take another 10 years for hearing and in meanwhile, the advocate will eat my full money.

This case is same with other 4 relatives of mine who are stayng in different locations. The total money at dispute is Rs. 750000.

In these circumstances, plz advice me of what to do now. 

 

Regards

DeviShankar

Mahadeva Rao G (ADVOCATE)     27 July 2011

Hi. Mr. Dev,

This  is  Mahadeva  Rao G.  Advocate from Bangalore,  handling  civil  mattters.

u can file  a  suit  for  Specific  performance of  your  original agreement and also there is  a clear provision for you to file a  suit  under  Sec -138 of  Negotiable Instrument  Act.  ( Cheque bouncing  case ) which is more than sufficient  to implicate him. 

Before venturing into all, 

*  it  is  very  important  to  go  throu  the  terms  and  contents  of  the original Agreement u have entered into with  the Builder.  

*  Also let  me know  who is  having  possession of  the  property in question.

*  Is that  all your 4 relatives being  cheated  by  the  same builder.  If  u can give  all these  details  it  will be easy  for  us  to  assess  your  case  and  guide  u in  proper direction. 

U can revert  back to me  on sohan1912@rediffmail.com  or  on 9845285555  for further  clarifications.

Good  Luck  and  Warm  Regards.

Mahadeva  Rao G.   ADVOCATE,   9845285555, in Bangalore.


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