Criminal, civil and 138 proceedings all in one case
S.D. Singh
(Querist) 06 March 2017
This query is : Resolved
We deposited 50% amount with builder under buy back scheme. As per agreement, at the option of buyer, builder shall return the money after 2 years and till then, he will pay monthly interest of 1% p.m. For which he provided PDC for monthly interest as well as for principal amount . It was also a condition that if any cheque dishonours, besides civil and criminal proceedings, builder will allot the unit at 50% of agreed price. Now his 3 cheques for interest and also principal amount bounced with reason, payment stopped by drawer. What remedies are available to us. Can besides filing 138 case, we may file civil recovery case, consumer case, FIR, civil case for allotment of unit at 50% of agreed Price. Further whether by filing 138 case for principal amount we shall loose our rights over allotted property.
Adv. Yogen Kakade
(Expert) 07 March 2017
You can initiate criminal proceedings against the builder as he has stopped the payment of chaques knowing his liability to make the payment.
S.D. Singh
(Querist) 07 March 2017
Whether by filing 138 case, we shall loose our rights in property allotted.
