Mental Harrassment

Querist : Anonymous (Querist) 13 October 2010 This query is : Resolved
Hi,
I am not sure if this could be defined as a Mental Harrassment and if the same would come under Civil Law. I am new to this.

Query : I had invested Rs. 2.9 lacs in one of the pre launch projects of a renowned builder in Faridabad in Jan 2008. The project never seemed to start so we asked for the repayment of our money with applicable interest in Sep 2009. Its been over a year now that we have been asking them to pay back our money, but they do not seem to pay it back and keep delaying us with future dates.
In September last month, they gave us a check of Rs. 1 Lac, which was bounced twice after a confirmation from them that we can deposit the check. and since then again they have been giving us dates and nothing else.
This has caused a lot of fear and mental tension in our minds as we have now booked another flat in Noida and have to pay the instalments.
My question to you is that
1.Can this be treated as a Mental Harrassment case and if Yes coud I file a case against them ?
2.What could be the timeline of the case results ?
3.If my case proves to be correct,what could be the Maximum amount I can sue them for?
I would appreciate if someone could respond to me on an urgent basis.

Thanks and Regards

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aman kumar (Expert) 13 October 2010
1yes you can case .
2 but no specific time line for that
3 you can suit accordingly but court can give final amount

Manish Singh (Expert) 13 October 2010
its better for you to approach the consumer forum wherein you shall be properly compensated including your mental harassment.

s.subramanian (Expert) 13 October 2010
Instead of side tracking the matter,you directly file a civil suit for the recovery of the amount due to you from him. In addition file a criminal compliant for cheating also.

Daksh (Expert) 14 October 2010
Dear Anonymous,

I agree with the view point of Mr.S. Subramanian and would like to add this that instead of civil suit of recovery (where you have to pay the court fee) please opt for winding up petition and make sure that you make their directors party to the same along with criminal complaint with economic offences wing.

Best Regards

Daksh

pawan sharma (Expert) 14 October 2010
1.Can this be treated as a Mental Harrassment case and if Yes coud I file a case against them ?
A. file a civil suit for recovery.
2.What could be the timeline of the case results ?
A. three years from the cause of action.
3.If my case proves to be correct,what could be the Maximum amount I can sue them for?
A.principle + interest@6% as per cpc.

Manish Singh (Expert) 15 October 2010
i m sorry since i thought that u had booked some property instead you had done the investment.
my answer needs to be corrected as :
you should file suit for recovery along with damages.
again you should go for complaint u/s138 of the negotiable instrument act which would make him liable to pay the amount within a short span of time.

also, if can be proved go for other criminal charges like cheating and alike.

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