• May I stop payment of caterers

Sir
i have issued full payme t cheque for payment of caterers for my daughters marraige
but it is noticed that the quality of food was very poor the complaint came from all the people. so what can i do. can i stop payment?
as per testing sample the lunch in marraige the item suche SITAPHAL RABADI it was only sweet milk.
pl. advice me for above my problem on
Asked 7 years ago in Civil Law

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7 Answers

1) dont stop payment of cheque

2)if you stop payment of cheque caterer will file complaint under section 138 NI on account of dishonour of cheque

3)you can complain in writing to the caterer that quality of food was very poor as per complaint received from the guests who attended wedding .

4) enclose if possible copy of complaint received from the guests

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

dont stop payment of cheque .

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Since you have drawn cheque do not stop this cheque as if it happens they would surely file criminal case of cheque bouncing.

However that does not meant that you are without remedy.

You can file case in the consumer forum seeking refund and damages.

Considering the number of witnesses you have who will give evidence in the forum about such a poor quality of food you are surely going to be compensated but do not run the risk of facing chequ bouncing case by making stop payment.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

If you have the lab report which says that food was below the minimum acceptable quality or it was not what it was claimed then you may stop the payment of cheque. The caterer will sue you for recovery of money, which you can contest on merits.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hello,

See if you will make a stop cheque then you will be liable to undo the same as per section 138 of Negotiable Instrument Act. However, the best you can do at this juncture is you can file a case before the consumer forum for deficiency in service alternatively if you wish you can make a stop payment and pursue your case before competent court when it is filed by the caterer.

For further query you can contact me on +91 or mail me at

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

There is no case maintainable for the quality of food at this stage.

If the food served by the caterer caused some health problems for whose who consumed it, then you may sue him for the damages.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

The cheque is issued on 4th dec n it will be produce today pl give me advice as possible today before 11.30 am.

Dont get into trouble by making stop payment instructions with the bank, because this cannot be taken as a convincing reason by the court to find him guilty.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

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