A fighter (NA) 12 December 2014

Recovery of money paid by cheque

Dear Members,

I am a victim of dadagiri by a businessman who has used my money for his own benifits. I wanted to purchase a flat and stuck a deal with a seller, thru an agent. Paid him Rs 26.5L as advance (in 4 intstallments). Later found that property has some issues and HDFC bank has denied my loan request. Please note till date no MOU was signed between us as it was delayed due negligence by middleman agent.And when I asked to do so, it was ignored by seller There is only one handwritten note on plain paper, which details about our deal with our signatures. After knowing issues with this property documents and loan denial by HDFC, I demanded seller to provide required documents to bank so as to go ahead and till that I denied to pay him any extra money, to which he kept on delaying and finally said that he can not provide the documents and ready to refund my money. By that time 4 months had passed. I have asked him to repay my money in 15 days and accordingly sent him a mail. There was no reply from his side for 15 days and later we had a meeting in agent's office where he agreed to pay in 1 month. Later he paid back only 21 Lac after 2 months of period and that too with lot of follow up and humiliation. Now from last 3 months he is taking me on ride and just delaying to pay balance 5.5 Lac. He is not at lot replying to my messages, calls. I came to know from agent that he is not willing to pay my hard earned money now and thinking of legal options available with me. Am really feeling guilty that its my money which is meant for my family and kids is being used by this person who has no moral values. Following are the facts of my case:

1. All payment is done by cheque

2. have communication made to HDFC regarding loan requirement on this particular property

3. His sms and hand written note regarding our deal

4. No formal MOU documents is made, only on plain paper with both signatures.

5. Visits to agent's office, Sellers office

Pplease let me know options available with me. Can I file Summary suit in this case for speedy results. And what are the chances of judgements going in my favor.

Reply Follow

5 Replies

Advocate Ravinder (Advocate/Attorney) 14 December 2014

You have a good case. You can file a money recovery suit for the remaining 5.5. lacs along with interest and legal expenses etc. against the seller. For further details contact me ravinder2345@gmail.com or 7893011777.

A fighter (NA) 15 December 2014

Thanks for your reply. But are you talking about a summary suit or regular recovery suit. I am looking for faster resolution.

Advocate Ravinder (Advocate/Attorney) 15 December 2014

Order XXXVII of C.P.C. deals with Summary suit. This applies where the claim is specific and fixed such as Cheques and Promissory Notes. Your case does not come in this ambit.

T. Kalaiselvan, Advocate (Advocate) 15 December 2014

You take the help of a good and able lawyer from your own locality, do not fall prey to some greedy lawyers' false promises/assurances and spend more money on them in the name of legal solution or court case. There are such culprit lawyers prevailing everywhere who will cause you more damage in the name of getting your desired relief but will not do anything till the end until you are exhausted and have spent a substantial amount towards their fees.

After issuing the legal notice, you may also lodge a criminal complaint against the vendor with the local police and simultaneously file a money suit for recovery and also if possible a consumer court case also seeking cost for damages towards mental agony due to this against the vendor for his deficiency in service.

A fighter (NA) 19 December 2014

Thanks T. Kalaiselvan, Yes my brother is already a victim of 498A and all wrong advices of local lawyers whose intention is only to keep the cases going without sharing the facts with us.

Back to my issue - So are you saying that my case does not qualify for summary suit. Because I have seen few judgements on regular money recovery suit and it goes on for years and years and still there is no releif to victims.