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Archie Dube (unemployed)     16 September 2022

Defaulter not returning the owed money

So myself & my mother gave this money in total 16 lakh in the form of cheques to this Builder's company , initially for few years, he was regularly paying interest & issued Form 15 G/H but from Aug 2019 he has stopped our interest payment nor returning our initial amount inspite of several calls, emails etc. We also had bounced cheques in the year 2018. Kindly provide a way to get back atleast our principal money which is a huge amount-thanks archie



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 3 Replies

Dr J C Vashista (Advocate)     16 September 2022

The amount stated to have been accepted to be due by the builder in August 2019 can not be claimed after 2022 due to limitation.

The cheque stated to have been dishoured in 2018 is a waste paper under the law of limitation, which has already expired.

  

Advocate Bhartesh goyal (advocate)     16 September 2022

You have received intrrest from borrower upto july 2019 and from august 2019 interest and pripncipal amount is due and you didn't take any legal action to recover the due amount of  interest and principal sincr more than three years. Now you can't legally recover any amount towards interest and principal as it has become time barred.

Harshad V G   16 September 2022

Pls. consult a advocate by showing him the papers available, based on information provided by you, accordingly to Supreme Court judgment passed in Suo Moto Writ Petition (Civil) No.3 of 2020, for purpoose of limitation, period between 15-3-2020 and 28-02-2022 has been excluded from period of 3 years limitation calculation


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