I sold my property in Nagpur in May 2013 via SALE DEED to a builder via a broker. The payment was made to me by way of one Demand Draft and Three Post-dated Cheques. Apart from that, I have been allotted a flat in the apartment to be built by the builder. I wish to inform you that all the above mentioned THREE CHEQUES have have been rejected on account of "Insufficient Funds". I have waited all this along believing the empty promises of the builder and also, because, I am away in Bangalore and cannot go to Nagpur frequently due to family & financial constraints. Please advise me how to lodge the FIR (matter to be written) and how to file a recovery suit. Can I do the above by giving a Power Of Attorney to my uncle in Nagpur? Also let me know if you can assist me with your legal adviser/advocate and what would be the cost I will incur?
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if builder has committed breach of contractual obligations file case of cheating , criminal breach of trust against him . you can also file summary suit for recovery of your money . you can give power of attorney to uncle for filing summary suit . contact local lawyer in Nagpur .
it is necessary to go through sale deed and other documents to advise further
Dear Mr.Sethi, Thank you for your reply. Please note, in the above query, it is not "May 2013" but "May 2012". How much would it cost to file the cheating/criminal breach case and also the recovery suit, as mentioned above by you? Can you suggest me a lawyer in Nagpur?
fees vary . you need a criminal lawyer / civil lawyer . it is better to file a summary suit . results are faster . court fees depend upon amount claimed . you have to file summary suit within 3 years . ie by May 2015 . cant suggest lawyers in nagpur
Thank you again Mr.Sethi, your reply has been useful and I am trying to locate a civil lawyer ion Nagpur shortly. The amount claimed by me is 80L and also, along with the allotted flat in the builder's apartment. How much, roughly, would be the fees for this amount?
court fees would be substantial . but it is worth it . maximum court fees is RS 3 lakhs in Maharashtra . plus legal fees .
Is there any way I can bypass the court fees? Also, wish to inform you that my mother has consented in the SALE DEED for 140L. Can the court fee be waived off on account of her being senior citizen?
Did you issue through your lawyer a legal notice for the cheques which bounced due to insufficiency of funds in the account of the builder? What was the date on which the cheques bounced? You could have filed a case for criminal prosecution of the builder. Since a criminal case carries with it a jail term the builder could jolly well have come forward to pay the amount due to you. Whether or not the case can be filed by yow now depends on the date on which the cheques bounced.
In addition to the above, you can now file a case for cheating and breach of trust against the builder. The court will order his trial after a scrutiny of the evidence. Simultaneously, you may file a case for recovery of the amount in the Nagpur District Court. The legal fees of the lawyer will vary, albeit not the court fees.
Court fees cannot be bypassed in any way. If the court fees is not accounted for then the case cannot even stand in the court. You may claim from the builder not only the amount he owes to you, but also the amount spent on litigation. A senior citizen is entitled to claim no exemption from the payment of court fees.
since bounced cheques had been issued in May 2012 no case for cheque bouncing would be maintainable now. validity of cheque is 3 months . further if cheque bounced legal notice has to be issued within 30 days . since you did not avail of any such remedy advised you to file summary suit .
it is necessary for you to contact a local lawyer. let him go through the various documents executed by builder and advise . .
Thank you Mr.Ashish and Mr.Ajay for attending to my queries. Wish to inform that the cheque dates were July-2002, September-2002 and November-2002. Have not filed any cheque-bounce case against builder as was away from Nagpur. What would be the procedure now? Can I claim my amount? What would happen to the flat allotted to me in the Apartment to be built by the builder?
no cheque bouncing case is maintainable now . you have to file suit for recovery of cheque amount . if builder has committed default in fulfillment of contractual obligations you can terminate contract . it is necessary to go through development agreement executed by builder with you . further criminal complaint for cheating , criminal breach of trust would be maintainable
you can file a suit for recovery of the amount on the basis of the endorsement issued by the Bank. in addition to the same you can also initiate criminal proceedings.
A cheque bounce case cannot be filed now as the cheques bounced more than 10 years back. The only remedy for you now is to file a case for recovery of money in the court. In addition to a case for money recovery, you can also file a case of cheating and breach of trust against the builder. Whether or not the contract can be cancelled unilaterally by you can be told only after a threadbare perusal of the agreement.
File the case for recovery of money without any further delay lest you lose this remedy as well.