Cheque bouncing
Manish Gupta
(Querist) 16 January 2013
This query is : Resolved
Dear Sir,
We purchased 2 Plots in Jaipur through Builder, he made agreement with us and we have Given full payment of Residential Plots. Company was working in Network Marketing Concept.
After some time he failed to give possession of said plots. When we ask about our money they gave us Post-dated cheque as a Money Return. Then after they closed their office and now given cheques are being bounced.
Now confusion is that where should we process the complaint against them, in Consumer Court or Normal Court in Section 138 or we should proceed 420 case against them
Please advice us what is much beneficial for us.
ajay sethi
(Expert) 16 January 2013
file complaint before consumer forum . also simultaneously file complaint under section 138 NI for cheque bouncing .
V R SHROFF
(Expert) 16 January 2013
ISUPPORT THE VIEWS OF SHRI aJAY,
FIRST FILE 138NI
Alkso issue notice, & file civil sit after a year
Meanwhile file 420 and also complain to Eco crime- Police.
R.K Nanda
(Expert) 16 January 2013
agree with both experts.
C. P. CHUGH
(Expert) 16 January 2013
Failing to Deliver with in stipulated period is definitely amounts to deficiency of service for which complaint can be lodged in appropriate Consumer Forum, whereas bouncing of cheque for reasons of insuffiency of Funds is punishable offence u/s 138 of NIT Act. You have option of simultanously filing complaint for deficiency of service and under the Negotiable Instrument Act. Do it Right now before the period of limitiation expires.
Manish Gupta
(Querist) 17 January 2013
Thanks to all for advice.
Someone told that consumer court is not effective because builder have left the office and now we don't know where they are.
So someone suggest that go for 138 and 420 case only.
So please advice 138 and 420 is enough or we should go to consumer court also.
Waiting for your advice.
Regards
ajay sethi
(Expert) 17 January 2013
we have advised you . it is your call
C. P. CHUGH
(Expert) 17 January 2013
Rightly said by Mr Sethi.
