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suresh (properitor)     26 October 2014

Cheque bounce

sir

my mother have borrowed 18 lakhs from xxx party in 2009 , that to 18 lakhs in parts like 3lkahs 3.5 lakhs 2 lakhs and ect.,and in 2012 they she have given cheques and promissory note for the amount 27 lakhs ( including interest for 18 lakhs)  since from she is trying to sell the property to clear all her credits , but we are not aware this person intention and when ever he come and asks about this amount, we are sincerly saying the party name and address who is going to buy to the property , and very next moment we use to get the call that we are not buying property because of many other reasons and so on, since from 2012 to 2014 we are unable to sell our property and we were unable to clear this persons due, one day we came to know that this person role in regarding mis guding by this person to the buyer's. finally we was asking us to the live the property for the amount which we have to pay , we have deined , now he is trying to thretnding us to send a legal notice by his name for the amount 15 lakhs and 17 lakhs for cheque bounce by his wife name in different state .

please guide us how to deal with this person

we have gone for compromise and agreed to pay 27 lakhs and a lusum interest of 10 lakhs , but he is saying no.



Learning

 7 Replies

Gundlapallis (Advocate)     26 October 2014

If you are ready with money.. give him a legal notice to take his money in presence of .................. and at .................  on ......................and return back your cheques and promissory note, since he is evading your repayment with ulterior motive to knock away your property.  This action will help you very much later when he tries to go against you.  

G. Y. Sharma (Advocate)     26 October 2014

Dear Mr. Suresh,

I have gone through the entire case narrated by you in the query. I wish to recollect you the fact that this is an open forum to which every one has an easy and free access and the incumbent need not obtain the permission of members on rolls of this forum. whereas certain advices are to be given in a most confidential manner since there is every chance for your other side as well to keep an eye and follow either by chance/accidental or otherwise.

You have to clarify one more thing as to whether your mother got the cheque and the promissory note filled in all respects before handing over the same to the creditor and if so let me know whose name is written on the cheque and the promissory note. If no name is written either on the promissory note or on the cheque it would be some what difficult to come out of the turmoil. Any how keep in touch with me if you are really in need.

Thanking you,

Truly Yours,

 

 

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

gysharmaadv@gmail.com

G. Y. Sharma (Advocate)     26 October 2014

Dear Mr. Suresh,

I too support the contention of my learned friend Gundlapallis, advocate in solving your problem. But it appears from your statement that you are not equipped with ready money on hand and that you have to procure the same by disposing the property. Thats why I advised you as earlier.

 

G. YADAGIRI SHARMA,

M. Com., LL.M.,

G. AMRUTHA KUMARI,

M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

: 98 493 45 755 – : 99 66 45 66 85

gysharmaadv@gmail.com

JAY SHANKAR (COMPUTER ACCOUNTS FACULTY)     26 October 2014

Hi Friends i have a question please give me your valueable suggestions. Recently I have booked a Flat In kharagpur and gave advance to him Rs. 14Lakhs and after a thorough study i got a report from Zee News of Campacola study that completion certificate is very necessary even though you make your saledeed or property tax municipality can break your house if the norms have been violated by the builder. So as the Flat was a completed Finished product hence i insisted to the builder to give me Completion certificate but he behaved rudely and cancelled the agreement and told us to take back our money 14lakhs on 25/09/14 but he asked all the original agreement papers and money receipt then he will pay the entire amount but we denied and told that first give the cheque then we will give the entire documents. But it is more than two months from the date of our agreement these culprit builder is not giving our money my father is a retired employee who has contributed the entire life savings to this culprit hence are facing a big trouble. I have given him the enclosed letter as he asked but he is denying it and directing me to submit all the originals then pay me our money after 7 days how can i trust him?

Attached File : 539838964 cancellation of flat.docx downloaded: 93 times

T. Kalaiselvan, Advocate (Advocate)     27 October 2014

@Suresh:  Since your mother has already given cheque and promissory note, the lender is dictating terms on the basis of the documents in hi possession.  Under this circumstance, it is advised that you consult a local lawyer, issue them a legal notice explaining your position and demand the return of the blank or filled in cheques/promissory notes held in his possession.  In the event of he not complying with your demand, you may wait for his next move, while passing on clear instruction to your bankers to not to honor the cheques if presented for the cited reason, and allow him to approach the court for recovery, whereupon, you can request time from court, dispose the property and settle the issue through court itself.  If he is indulging in any illegal activities, take the help of police by lodging criminal complaint against him.

T. Kalaiselvan, Advocate (Advocate)     27 October 2014

@Jayshankar:  First of all you must use a separate thread to post your own queries, in others thread, you can post a reply.   From the contents of your letter (attached), it can be seen that you have made a request to refund the advance amount.  First of all tell me if you have sent this letter by registered post with acknowledgment due? or have sent it by ordinary post? or you have handed it over in person and obtained an acknowledgment?  However, based on this grievance and deficiency in service, you may approach the consumer forum for getting your grievances redressed or approach a civil court for recovery of money by issuing a mandatory demand notice through your lawyer first  Consult a local lawyer and proceed as per his further advise.

suresh (properitor)     28 October 2014

thanks for your reply,

now i am continously getting legal notice from him and by his wife , he is using promissory notes and sending legal notice saying that we have taken 15 lakhs in june 2013 and 10 lakhs in oct 2013, and his wife is using cheques and saying that 17 lakhs in Agu 2014, 10 lakhs in June 2104, please suggest me with out my father invollament or signed by him , can it be trust worthy they gave this much amount  , suppose say husband have already gave 15 lakhs in 2013  June , which was not returned and again he gave 10 lalkhs in Oct 2013, but still he have not taken signture from head of the family ( father) ? will you feel this may be true , that they have given us this much of amount, apart from this now wife have given 17 lakhs in June 2014, with out my father signature  and again 10 lakhs in Aug 2014 , with out our family members signature , is it valid for them , if this may be true suppose , from they pooled this much of amount ? is not required for them to prove


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