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Manik Paul   27 June 2016

Cheque returned due to insufficient balance

I had booked a flat in TGS constructions last year which was a pre-lauch project. After 9 months of waiting for some progress, I finally decided to cancel my booking. At the time of cancellation they took all the original documents and handed me 4 post dated cheques of equal amount. They said
without submitting the originals they will not be able to process the cancellation. Hence, on good faith I gave them the originals and took the cheques.
After 3 months, When I presented the first cheque on the due date it was returned due to insufficient balance. I can issue them a legal notice but what are the
chances that they will return my money? I spoke to 5-8 people who was also cheated by the same builder and none of them went the legal way. Some say it will take years to get the money and these cheaters will come out of the loopholes in our law. They may not accept the legal notice I send or I will
have to suffer more harrasment if I go it legally. The builder is giving me verbal assurance only that they will pay me through DD after one month. But looking at their earlier committments, I don't want to trust them.

Please help me with your advise, is there any way they can decline the notice? Many people are hesitating to take the legal course due to fear of not getting justice.
 If I file a criminal case will there be speedy justice or should I go for Civil case.
They also have a legal team, what option they have for not returning me?



Learning

 4 Replies

Mukesh sharma (job )     27 June 2016

Hi manik as of you said that thay have not recieved your legal notice and you sent notice them twice time so  now you plz paste it at his house or other place which all person visible othe you post it on local news paper like hindi and english and ifg thier some other language in your place than post it 

after you file case in court in sec 138 NI act and start process thats all; 

meet with some good local lawyer he tell you best 

thnks 

Advocate Ram Prasad (Chief Lawyer)     28 June 2016

U must get a llocal awyer n follow his advice immidiately

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     29 June 2016

As long as you have served the legal notice at the correct address , whether or not he receives the same is totally irrelevant . You cannot be expected to run after him and ensure that he receives the notice . If you have sent it at the correct address , that is sufficient . The same was held in the landmark judgement of m/s Armstrong builders vs Vishwanath nai ik. As far as the case is concerned , from my personal experience I have seen that most builders , end up settling the case . They will Offer you a settlement sooner or later. That shall be the best option for you as well . Settle the case. A civil case shall be the best remedy as the cheque bounce case for involves certain technicalities , which are not not necessarily fulfilled in your scenario . But a civil case shall Surely benefit you . Many of my clients got back their money with interest through civil cases against Builders . Send them a legal notice through a competent lawyer and thereafter proceed with a good strong case.

advocatepassy@gmail.com 971794 (Advocate)     05 July 2016

You have to sent him legal notice within 15 days and if he do not pay, file the case under N I Act within one month. It is a crime and he can be punished with paying you double the amount or even jailed

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