• Balance payment for cheque

I was dealing with a flat owner for sale of his flat. I paid him 10.25 L via RTGS. Later on the deal was cancelled by mutual consent and the flat owner returned the entire amount by two cheques , one for 10 L and another for 25000. However both the cheques bounced. Subsequently he paid me 9.20 L via RTGS. But the remaining amount is pending. I have sent him formal legal notice for the balance amount last month. But I haven't received money yet. What can be done now ? Can I file a FIR with police ? Or must I file civil recovery case ? What are the pros and cons of either approach, if applicable? On average how much time is it takes to get result in such cases ? Considering the amount is 1.05 L how much would a competent lawyer charge for the case ?
Asked 7 years ago in Civil Law

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3 Answers

1) file police complaint of cheating against the seller . you dont have to spend money on legal fees

2) filing civil suit for recovery would be an expensive proposition

3) suit would take years to be disposed of

4) amicable settlement is best option

5) legal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

Hi

The amount is less and legal charges and e court fee and the Lawyer's fee shall be more. The lawyer's charge will be different from one lawyer to other.The court fee and the a reasonable lawyer fee will be ordered by court once you get a favorable recovery order.

The legal option s are :-

2.. Since you have sent the legal Notice for recovery if the money has not been paid and there is no positive response, you need to proceed with the recovery. File a Summary suit for recovery in the civil court of appropriate jurisdiction.Ask for legal expenses and interest of the amount due

3. You can file FIR if police take FIR and get him to pay by mounting up pressure .

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

You can file a money recovery suit against the vendor.

The police may not entertain any such complaint because there is no cheating involved in it.,

The time taken and the lawyer's fee cannot be predicted.

In general it may take at least two years or more than that.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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