Querist :
Anonymous
(Querist) 12 November 2010
This query is : Resolved
Dear All
I have sold my one acre land to a builder. But that builder cheated with me and gave me one cheque of current date and two other cheques of post dated. At the time registery I asked about cheques the mediator people says somebody is briging cheques from builder office and on their believe I have signed the registery and in the registery only cheque number was mentioned, date was'nt mentioned but when I got cheques one of them is current date and another two were post dated for March 2011 & April 2011. Now I am contacting to mediator people he assured me every day that you will receive another fresh cheques. But time has been overed one and half month.
So what step I take against builder or mediator. Please help me.
adv. rajeev ( rajoo )
(Expert) 12 November 2010
Who's signature is on the cheque. If itz builder then send the cheque for collection by putting a date, if it is bounced then file a criminal against him u/s 138 of NI Act. For details of the case you can consult your lawyer.
Devajyoti Barman
(Expert) 12 November 2010
Several measures can be taken against the builder but all those actions may jeopardise the deal between you and the builder. So you have options of either keep believing the versions of the mediators or to take action against the builder. The measures can be anything between criminal cases of cheating to civil case for damages, declaration of the deed as null and void etc.
Raj Kumar Makkad
(Expert) 12 November 2010
apart from filing criminal complaint under section 138 NI Act, you may also file complaint under section 420 IPC also in the same case.
Advocate. Arunagiri
(Expert) 13 November 2010
The registration of sale is invalid. Because you have not received the consideration money. The cheques are subject to realization. You send them a notice that the sale is invalid, as you have not received the consideration. At the same time you can also initiated cheating case.
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