1) file summary suit against builder to recover your booking amount

2) also file complaint against builder under section 138 NI for dishonour of cheque

3)before filing complaint issue legal notice for dishonour of cheque

4) if no payment is received within period of 15 days of receipt of notice file complaint under section 138 NI

Dear Client,

It is best to recover amount through legal recourse.

Hire some local advocate.

File an FIR u/s 420 , 406 Indian Penal Code, Police may refuse to register FIR and will ask to file case u/s 138 of Cheque bounce, but in present case both remedies available concurrently.

But the cheque bounce cases guided by strict time limitation. Issue legal notice within one month of bounce and if the one month period is over, bounce it again, rest advocate will take care.

Hi,

Please deposit both the cheques in the bank and on the return of the cheques due to insufficient fund reason with in 15 days of the cheques bounced issue a notice to the builder to pay the amount.

On the failures you may file a case u/s 138 of Negotiable Instrument s Act for the cheques bounce.

For any other reasons of the cheques bounce you need to file a FIR in the Police or a criminal case u/s 420 & 406 IPC in CJM court of your district.

Thanks

Once the cheque is dishonoured and not reapid then you cna file cheque bouncing case u/s138 NI Act.

Alternatively you can file case beofre the consume forum also to get refund along with interest. In addition to this you will get damages and compensation as well.

If the cheque bounces against, file a cheque bounce case against the builder.

Besides, file a consumer complaint seeking full deposit of your entire fraud, for any mount which is in excess of the cheque issued by the builder and which bounces.

Hello,

You have two option:

Either you can file a case in the consumer forum to claim the refund. This will take around 2 years, and thereupon you can claim the cost towards damages.

Else, you can file a case under section 138 of the NI Act for the dishonor of the cheque.

Also, if you wish you can pursue both the cases simultaneously.

Send a legal notice beforehand. Let me know if I can be of any help.

Regards

Dear Sir, you have very good case on merit, you have every right to get your hard earned money which you was invested the money as advance amount of booking a flat. You have to issue a legal notice to the said builder for refund the amount and if he failed to do so you have to file petition before consumer forum for the same, I have handled this type of cases and succeed also against the one of the Developer and Builder N.D. Developer (P) Ltd., Bangalore. If you hire me, I will do it as per law.

.... by Chandrashekhar Vithal Jadhav, Advocate & Law Consultant, Bangalore.

Hi

For the cheque bounce you first have to send legal notice to the person who gave you the cheque. Then as per the response of your legal notice you may file a section 138 Negotiable Instrument Act Petition.

Legal Notice should be sent with in 15 days of cheque bounce and petition should be filed with in 1 month of the last date of the notice period which you gave him to make the refund.

Thank You

Present the cheque for payment if returned unpaid. file private compliant before the magistrate for cheque bounce through a Lawyer.

Please make sure you will provide all the documentary proofs to the court to show you have enforceable debt against the builder.

You need to deposit the cheque again in your bank and then within 15 days issue a legal notice to builder and give him time of 15 days to refund money, if he again fails then you can file the complaint after the expiration of 15 days in court of law.

Firstly you can issue a notice of demand U/s 138 (B) of the Negotiable Instruments act and provide the builder 15 days to make good the payment, if he fails to comply you can then proceed to file a cheque bounce case before the magistrate court.

Secondly you can also file a consumer complaint against the builder seeking cancellation and refund of your monies together with interest and compensation. Since the claim amount is less than 20 lakhs, you can file the complaint before the district consumer forum.

If the builder is from bangalore, you can file both the above complaints here in Bangalore.

1. File criminal case against the builder u/s 420,405,406 of IPC.

2. File recovery suit against the builder for the damages.

1. Deposit the 2nd cheque and file a case u/s138 of N.I. Act after the 2nd cheque also is dishonoured.

2. Lodge a police complaint bringing the charge of cheating and fraudulent activity by and on the part of the builder.

3. If police refuses to take any action, then file a Writ Petition before the High Court against police inaction seeking remedy. This way you can put extreme pressure on the builder necessitating him to mend his ways.

4. Thereafter, file a complaint case before the local District Consumer dispute Redressal Forum against the builder alleging deficiency in service and unfair business practice claiming refund of the amount paid by you with interest, damage and cost and also to attach his existing Bank account and other properties for the purpose of selling to recover the amount top be paid to you.

first of all you initiate a proceeding of section 138 IPC for cheques bouncing and further lodge complaint to the consumer forum.

When condition not full filed you can get back your money with interest

Yes, present both the cheques again for clearance, and within 15 days from the date on which they bounce, send a legal notice to this realtor demanding your refund. If he fails to pay up, file a cheque bounce case against him.

Thus, you need not send a legal notice to him at this juncture.

The cheque bounce case may take anything in between 6-8 months.

There are very fair chances that you will get a refund of your deposits, with interest.

yes deposit both cheques

2)on cheques being dishonoured issue legal notice as advised herein above

3) cheque bouncing cases take 5 years to be disposed of

4) there is no guarantee of getting 100 %refund with interest

5) you have to file summary suit too

6) cheque bouncing case is for punishment . summary suit or complaint before consumer forum for recovery of your dues

After the cheque has returned dishonoured, the legal notice must be sent within 30 days. In your case, 30 days has lapsed. If the cheque is within validity period, redeposit this cheque along with the other cheque simultaneously and on receiving the intimation of return or dishonour from your bank in writing, collect both the cheque and returned bank advice and immediately initiate the legal notice process.

After issuing the notice, from the date of service on the accused person/drawer of the cheque, wait for 15 days for payment, on the 16th day proceed to file the complaint.

You can secure your payment on the dishonoured cheques 100% guaranteed. During the entire trial the accused must be available in India all the time.

1. The process for filing Sec.138 shall have to start with in one month.

2. Redeposit the same and start the case u/s138 of N.I. Act immediately hen it is returned being dishonoured.

3. Deposit the second cheque also and follow the same procedure when it is returned unpaid.

4. Thereafter take steps as advised in my earlier post regarding filing complaint case before the Consumer Forum.

5. Engage a local lawyer having expertise in this field.

6. You have a fair chance of getting back the money from the builder.

Please follow the below steps for the solution.

1. Deposit the other cheque as well. I assume the 2nd cheque also would get bounced.

2. File criminal case against the builder u/s 420,405,406 of IPC for the cheque bounce ( to put more pressure ).

3. Also File cheque bounce case against the builder.

4. Step 2 should happen before step 3. If police refuse to file FIR then approach magistrate court to get direction for the police to file FIR.

5. Issue legal notice demanding the outstanding to be paid. If it is not paid in 15 days then initiate recovery suit.

6. If you file summary suit then you can expect the decree ( for entire outstanding repaid ) would be passed in less than a year time ( Based on the court and your lawyer ) .

....

Discuss with your lawyer for more information.

Hi

You should first deposit the cheques and get them dishonoured.

Then legal notice

And then petition

Time taken for decision would be something around 1 to 2 years and surety depends on judge and the presentations of your advocate.

Thank You

Go ahead and deposit both the cheques.

No need to issue a legal notice at this juncture.

After the cheque is dishonored, issue a legal notice within 15 days and if the same is not cleared then file a case under 138 of NI Act.

As oer law you should get double the amount

Since it is a summary procedure, the same will take around 6-7.

Let me know if I can be of some help.

Regards

Hi,

Just make things simple for you!

1. Deposit both the cheque together and get back with the return note of insufficient fund reason.

2. if returned with reason insufficient fund please arrange to send a notice to the builder with in 15 days of the return and wait for 15 days to reply.

3. If not replied suitably file the case in Court u/s 138 of Negotiable Instruments Act

4. In any other reason for return file a FIR in police U/s 420 & 406 or File a criminal complaint in the same

sections instead in the CJM court.

5. for notice period (15+15) days.

6. for the case depends on court and there is possibility to get the amount with the interest, Loss & expenses.

Thanks

First cheque bounce with in 30 days notice be given

Time depends up on the trail goes on incourt

Cheque amount only be realised

100%refund no one can say

Or should I first send a legal notice to the builder and after that I should redeposit the cheques? - don't get in all such and follow procedure mandatory u/s 138 N I Act.

Yes you should deposit both the cheques and wait for the to bounce and recieve the return memo from bank. First redeposit the cheque and then serve the notice. It is a process of one month maximum, which covers 15 day time for his as well to return the money.

Regarding surity of getting the money back, if you have confirm address of office or residence of builder where the service of summons can be done smoothly, then 100% you will get your amount with good interest.

You can issue legal demand notice for refund of the booking amount and also can invoke the provisions of section 138 NI act in the legal notice agaisnt the bounced cheque.

You can drag the builder to consumer court also besides filing a cheque bounce case in the magistrate court

Consult a local lawyer and initiate proper legal action as per law,

The first cheque got bounced arround 30+ days back, and second cheque is not yet deposited. So should I deposit both the cheques (1.5 L and 1.7L ) simultenously and wait for them to bounce and then go for leagal notice ?

Dont wait for the deposit of second cheque and get it bounced.

You should initiate action on the first cheque got bounced or else it may get barred by limitation

. How much time does this process take including legal notice and 138 IPC for cheque bounce? And whats the surity of getting 100% refund back with interest?

You cannot expect all such things even before filing a case, you may have to fight it out strongly on merits and based on the substantial documentary evidences in your side.