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Cheque Bounce by Maruti Dealer- T.R. Sawhney Motors Pvt Ltd

(Querist) 15 June 2011 This query is : Resolved 
Dear Experts,

I had booked a OMni car in with T.R. Sawhney Motors Pvt Ltd (Lajpat Nagar- Delhi) on 12th April by paying Rs. 50,000 by Cheque. Also, they demanded full payment of Rs. 2,52,000 before the delivery/allotment of the car which I paid through Demand Draft/Cheque till 19th April'11.

As, they were not able to deliver the car even after taking the full payment, I requested for a refund of my amount on 28th April'11.

1) They had no intentions to pay me my amount back so they keep on delaying the refund process. After 1 month (during may end) one of their executive met me on the road and handed me a cheque of Rs. 2,51,000 and I dropped the same in the drop box but same was not credited to my account as they had intentionally mentioned incorrect account no. on the cheque.

2) I highlighted the same to the showroom management and requested for a fresh cheque. One of their executive went to P.S. and registered a FIR for the loss of said cheque but he registered the FIR with my name and forged my signatures on some legal documents.

3) on 7th June'11, again they directly deposited a cheque of Rs. 2,51,000 into my Bank Account which got bounced back because of insufficient funds. Now, I have made a complaint in Maruti Suzuki about the dealer and also written to P.S. Amar Colony about the same.

Please guide me on the following :
1) Can I proceed legally u/s 138 NI Act
2) Who will bear the cost of legal notice/lawyer's fees?
3) Can I get any extra money from the showroom management because of delay in refund . They used my money Rs. 2,52,000 for their personal use, for 2 months.
4) I was charged Rs. 450 (approx) as cheque bounce charges by my bank, Can I claim that too?
5) Can I claim money for harassment from the showroom management?
6) What other legal actions are available for me?
7) Any other valuable input by the experts?
prabhakar singh (Expert) 15 June 2011
YOU CAN PROCEED U/S138 NI ACT,PROCEED ALSO THROUGH A CONSUMER COMPLAINT TO HAVE REMEDIES
ASKED FOR Q2 TO7.
PALNITKAR V.V. (Expert) 15 June 2011
Mr. Prabhakar Singh is right. You can avail both the remedies as you will not be able to claim damages etc in proceeding u/s 138. you can get damages interest etc in consumer court.


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