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D K VERMA   01 May 2023

verbally settlement

, I had booked a flat in November 2014 with one lac rupees.on 2 Feb 2015 , five lac paid(total 6 lac- more than 20% of total amount).My possession date was 31 Dec'2016. Owner aggremented in August 2015.During loan approval I found that land was not 'Vastu' Showing as 'Karkhana'.I asked the owner for this. He convensed me very soon it will converted.municipalty corporation just not being updated.So I have not give him next payment as my sense not demand by owner. Even after laps of four years flat was not ready as well as land nature. So I filed the case before state consumer forum in Dec 2018. OP attend 2-3 date after that he stopped to attend 5-6 date( lumsum 18 month) and also sell the flat. I tell to court verbally about it but I had not document to proof it.I had so much harassed that I had decided to compromise any way.Ultimately a compromise has been done between me ,owner and builder. It was decided that rs.2 lac 40 thousand compensation amount will get over 6 lac, in which 6 lac (principal amount)+ 1lac will give owner, Rs. 1 lac 40 thousand will give builder. Accordingly cheque have been given.But in settlement note 1lac 40 thousand amount has not mentioned because in agreement of purchase of flat third party as builder was not mentioned by owner. I could not understood him intention and I signed the settlement paper. Cheque of rs. 7 lac given by owner has been cleared but cheque of rs. 1lac 40 thousand given by builder had bounced. So I have denied to taken up the filed case before consumer forum and tell the matter to court. Court has asked to give in written. Although I have filed the cheque bounce case in district court.
Sir, I want what may be option for me and what is the possibility in this case.
please reply.


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     01 May 2023

Cheque bounce case is a separate subject, you can pursue that according to the law involved of that subject.

In the meantime you do not file full satisfaction memo before concumer court stating that the builder has not settled the amount as per agreement, hence he may be directed to settle the amount he is required to settle and until then let the case move on as per further provisions of law in this regarfd.

D K VERMA   05 May 2023

Sir, but in settlement application given to court it is NOT mentioned that builder pay 1 lac 40 thousand although he has given cheque to me .this was mutual understanding because in Agreement of purchase paper builder was not mentioned.

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