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ABHISHEK   16 November 2017

Need advice

I have purchased new car from sai cars. They asked me to pay Rs 148000 as down payment. I have paid Total Amount of Rs 148244. I have paid Total Amount of Rs 148244. 1. 10000 initial booking 2. 9000 pawan 3. 56244 chq1 4. 73000 chq2 Receipt I have received Tax invoice :- 581793.00 Tax invoice :- 1000.00 Insurance :- 24456 RTO Passing receipt :- 600 RTO Passing receipt :- 10900 Total :- 618749.00 Total Loan Amount paid to Shreenath Hyundai :- 592980.00 + 148244 ( Down payment) = 741224 Difference :- 741224 -618749 = 122475.00 When I approached them to paid my extra mount they said you will get only rs 30000. They charged me 50000 rs as commission. And give me rs 30142 chq. aforesaid cheque was deposited by me to Bank ,the same was returned unpaid by the Bank with the remarks/reasons "Insufficient Funds". This fact was brought to them notice by me via phone. And even I have not recived my car documents. I called rto person for documents he said sai cars not paid him his charges. Pls advise me about leagal action.


Learning

 5 Replies


(Guest)
File a case under sec 138 of negotiable instruments act

Consult a local lawyer..... Hope you are well in the limits as per sec 138

Adv. Aditya (Litigator GROSON ADVISORS)     17 November 2017

you can file cases u/s 138 NI act for cheque amount, as well as for deficiency in service under consumer protection act. 

ABHISHEK   17 November 2017

sir u/s 138 for chq bounce and can i file cheating case because i have not receivedmy car documnts

ABHISHEK   17 November 2017

sir u/s 138 for chq bounce and can i file cheating case because i have not receivedmy car documnts Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=156260&offset=1

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 November 2017

You have to send notice to the party to pay you the cheque amount within 30 days of receipt of the returned cheque in order to be eligible to file a complaint later in the event of non-payment even after receipt of the notice. Otherwise your right will get lapsed. Any other case before the consumer forum or cheating case will be separate.


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