Dear Sir, I had booked a flat in November 2014 with one lakh rupees.on 2 Feb 2015 , five lakh paid(total 6 lac- more than 20% of total amount).My possession date was 31 Dec'2016. Agreement done by owner only and intentionally not include builder as Third Party after 6 month in August 2015.During loan approval I found that land was not 'Vastu' Showing as 'Karkhana'.I asked the owner for this. He convinced me very soon it will converted . Municipality 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 before consumer forum after that he had absence continuously to attend 5-6 date( lumsum 18 month) and the meanwhile he also sell the flat to another person. Noteworthy is that owner/builder have neither get completion certificate nor follow WBHIRA act( No. 61-HIV/ 3M-4/18 , dated 13 Sept 2018) till date. I tell to forum verbally that he had sell the flat already to another but I had not document to proof it just now ( although now I have get sale deed copy) .I had been so much harassed that I had gone into depression resulting decided to compromise any way.Ultimately in Dec 2021 a compromise has been done in between me ,owner and builder. It was decided that rs.2 lakh 40 thousand compensation amount will I get over 6 lakh, in which 6 lakh (principal amount)+ 1 lakh( compensation amount) will give owner and Rs. 1 lakh 40 thousand as compensation amount will give builder. Accordingly cheque have been given.But in settlement note 1 lakh 40 thousand amount has not mentioned because in agreement of sale paper of flat third party as builder was not mentioned intentionaly by owner. I could not understood him intention and I signed the settlement paper. Cheque of rs. 7 lakh given by owner has been cleared but cheque of rs. 1 lakh 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.
What have options for me? How can I justified to honable court?
If the builder has admitted the amount to be paid before the consumer court, then he becomes liable to pay that amount, hence the cheque bounce case is very well maintainable since there is a legally liable debt in this transaction.
Therefore you can pursue the cheque bounce case properly.
