Hello All,
1)As agreed by the builder the cheque of agreement will be taken by him after 3 months of Rs. 72000 and he had taken the cheque from the party of Rs.72000 on that day and will deposit after 3 month.
2) He has put that cheque in the bank within 3 weeks and the cheque of the party was bounced.
3) He has issued notice to party for payment within 15 days.
4) Party told that we had given him the amount more than Rs.72000 before one month of agreement Rs.100000.
so party told him to adjust that amount and party will give this amount of Rs.72000 at the time of possession.
5) Builder told and mentioned in the agreement the possesion date of 2006. But he has given the possession to all in the year 2008 because the building was not completed.
6) Now,party has put the civil case and the builder has put the counter claim.
7)Party bank loan was also sanctioned and has sanctioned letter of bank also.So only Rs.72000 was getting remaining from the party side.
8)Builder is now saying that he will not give the possession to the party because the rates are high now in that area.
9)Party has given twice the opportunity to builder for the payment of cheque bounce and give the possession.
10)In the front of court, party has given the pay order and cheque but the builder refused to take the payment because his intention is wrong now.
11)Party has deposited all the remaining balance payment of flat in the civil court since 2009.Also, parties registration and stamp duty is also done of that flat. Builder is not ready to do the settlement also with the party.
12) This cheque bounce case is from 2006 till date.
13) Will the party will get the possession of flat or Not in this case?
