Failure to deliver furniture

Querist : Anonymous (Querist) 12 December 2010 This query is : Resolved
I had ordered furniture from a shop on 3.08.2010.He has not yet delivered the products. Hence on 11.12.2010 we went to his shop and forced him to return our money. He has paid us in cheque but the cheque is post dated and he has asked us to wait for sometime till he deposits the money in the bank.I fear he does not intend to so either. He says we misbehaved with his customers in the shop which is false. What legal action can we take?

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Devajyoti Barman (Expert) 12 December 2010
Once the cheque is dishonoured you can inititate proceeding u/s 138 of NI Act. Alternatively you can also file case before the consumer forum.

Querist : Anonymous (Querist) 12 December 2010
I just have the cheque with me besides a record of the calls I made to him and a hand-written note saying when he was to deliver the furniture. Would that suffice if i go to the consumer forum?

Devajyoti Barman (Expert) 12 December 2010
yes that is sufficient.

s.subramanian (Expert) 13 December 2010
yes

adv. rajeev ( rajoo ) (Expert) 13 December 2010
You will have to wait for the cheque bounce. First issue notice to the shop owner for not supplying the furninture inspite of receiving the money advance and claim the damages for not rendering better swervice and also claim the interest from him for using your money.

Arvind Singh Chauhan (Expert) 13 December 2010
Yes issue a notice first as advised by Rajeev Sir.

Uma parameswaran (Expert) 13 December 2010
You can file under 138 NI Act and consumer forum.

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