Civil, criminal and 138 proceedings together
S.D. Singh
(Querist) 08 January 2017
This query is : Resolved
I booked a flat on 1.1.15 under buy back option. Builder given me a PDC of 2 years date I.e. 1.1.17 . Builder was to complete the flat within 2 years. It was my / buyers option to get registry or encash PDC. After 2 years builder not completed the flat. I presented the cheque which was dishonoured due to payment stopped by drawer. It was enquired by me that builder made the stop payment on the date of giving cheque I.e. 1.1.15. Now what remedies are available to me. Whether I can file 138 case + consumer court case + fir 406/420 case . Whether builder can sale my unit to another person if I file any legal case. Please advice.
adv.bharat @ PUNE
(Expert) 08 January 2017
No builder can sale it to another person with out your consent.
all option is available with you can consult local lawyer to get solution.
Rajendra K Goyal
(Expert) 08 January 2017
You can file cheque bouncing case and criminal complaint against the builder.
Ms.Usha Kapoor
(Expert) 09 January 2017
You can file cheque bouncing case and criminal complaint case aganst the builder.
S.D. Singh
(Querist) 09 January 2017
Respected experts, by filing 138 case or fir, whether my claim over booked property would cease or not.
Rajendra K Goyal
(Expert) 09 January 2017
You are claiming against the cheque, cheque was the consideration of your claim on property, however, all depend on the order of the court.
rajeev sharma
(Expert) 09 January 2017
both proceedings may go simultaneously.stopping the cheque on the date of writing it is a fraud proceed u/s 420,406,468 IPC against biulder.
Kumar Doab
(Expert) 10 January 2017
Agreed with Mr. Rajendra K Goyal , Mr. rajeev sharma.
You may also go thru;
THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016
NO. 16 OF 2016
[25th March, 2016.]
http://www.indiacode.nic.in/acts-in-pdf/2016/201616.pdf
R.K Nanda
(Expert) 10 January 2017
nothing to add more.
