138 ni act

Querist : Anonymous (Querist) 29 November 2010 This query is : Resolved
i have taken housing loan

5000/ were instalmnts

formal possession letter issued by builder

no physical possession till date

my flat sold to other person

my loan cheque was issued in builder's name

builder not giving possession till dtae

one cheque separatly asked by the company on promise that they will help out for possession

amount was 45000/- which is never was a installment

never approched for help
cheque deposited after long period but within time by them

chque was returned

notice was sent under certificate of posting

on this 45000/- cheque they have filled 138

i think there is no liability on my part

and one high court decision of 2010
directing the purpose of 138 act
i.e it is ment only for day to day business transaction failure of payment of those perticular cheques not for housing loan or those cheques which do not involve business transaction (root of the making of the law u/s 138)

what will be the solution

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Devajyoti Barman (Expert) 29 November 2010
Nothing but to wait till conclusion pf trial where you have to put your defence.

SAANJAAY GUPTAA (Expert) 29 November 2010
lodge a complaint against promoters for cheating and also do the same as advice by Mr.Barman.

Praveen Kumar Tewari (Expert) 29 November 2010
After filing a complaint against the promoters under section 419/420 IPC The advice of mr. Barman is correct.

s.subramanian (Expert) 29 November 2010
yes

DEFENSE ADVOCATE.-firmaction@g (Expert) 30 November 2010
Also go to consumer court for damages, recently State consumer forum Maharashtra awarded ten lacs compansation in such case.