Hello sir , it is advisable to file a writ in high court Delhi to stop the proceedings of section 138 of negotiable instrument-act..

Send a legal notice to the builder, calling upon him to perform his part of the obligations under the subvention agreement that he entered into with you. In case this legal notice falls on the dear ears of the builder, approach the consumer forum and seek redressal of your grievances.

As regards the summoning order issued to you in the 138 case, approach the High Curt and challenge the same, demonstrating that you had no liability towards the bank and the cheque was not towards repayment for a a present of future debt, but just for security. Seek a stay on proceedings of the 138 case.

In case you do not succeed in the High Court, appear before the 138 case, and contest the matter.

1) you have to pay the amount to bank in case builder defaults in making payment

2)sue the builder and recover the amount payable by the builder and paid by you

3) contact a local lawyer

The notice is under the NI Act and not IPC.

Send a reply to the notice on an urgent basis and write thereof that the cheque is not against any liability and therefore the case under 138 not be filed for such cheque. If they again file a case then you may challenge the proceedings before the High Court.

Also file a case against the builder for breach of contract and in the consumer forum for deficiency in services. if the value of flat is more than 20 lahs then the same will have to be filed in the State Consumer forum, Lucknow.

Let me know if I can be of some help.

Regards

Yes,since you were the guarantor of the loan and party to the agreement your liability in default of the developer will not relinquish.

So legally the bank can file case u/s 138 NI Act agaisnt you.

However since the developer has duped you in entering into the agreement it is guilty of commission of deficiency in service and unfair trade practice.

in that event you can file case beofre the consumer forum and seek full refund of your money along with damages and compensation.

You leave the proeprty taking the money and let the bank auction the flat to recover the loan amount.

What are the conditions of bank payment, Whose liability on failure of builder .

1. You should have kept enough protection in the said tripartite agreement itself for such eventualities.

2. It appears that you have been grossly defrauded by the builder.

3. Lodge a police complaint against the builder or cheating and defrauding you.

4. If police refuses to take any action against the builder, file a Writ Petition before the High Court against police inaction seeking remedy and praying for justice.

5. Simultaneously, file a complaint case against the builder alleging deficiency in service and unfair business practice claiming payment of the entire outstanding amount standing in your name with the Bank, complete the project in time or pay compensation for the delay, damage and cost.

6. It is a good case to win.

you ask the bank under what circumstances without giving any intimation to you they put the cheques for withdrawal. you should mention the terms and condition of the loan agreement.

You have to pay the bank with arrears

If the tripartite agreement stipulates that the builder only has to pay the EMI till possession, then the bank's action against you may not be legally valid

In subvention scheme lot of finer details about the scheme are not included in application form. It gives impression to buyer that he is getting one of the best deal in this world. Builder is reluctant to share agreement copy before initial 10% or 15% Booking Amount is paid. It is absolutely necessary to understand the terms and conditions in agreement before opting for Subvention Scheme. The catch lies in the fine print of the agreement. Many buyer sign without going through the scheme details and then cry foul play.

However you can fight it out on the basis of the agreement conditions which need to be scrutinised by your lawyer who will be ready to take up this issue on your behalf.

1) if you are unable to pay the dues and bank is refusing to restructure the loan then let the flat be auctioned to recover the bank dues

2) the shortfall if any would be recovered from you

What are the clauses with regards to the same in the tripartite agreement?

You will have file a case in allahabad high court if you want to challenge the proceedings also you can file a case agaisnt the bhilder in the state consumer forum at lucknow.

Kindly contact a lawyer with all the documents in hand.

Regards

Kindly let me know the cheque amount .?? Have you recieved summons from court yet?? How much of initial amount have you pAid to the builder ?? It is advisable to file a case to ask consumer forum also ..if it is difficult for you to go high court , you can file a suit for permanent injuction against the bank official in Ghaziabad and restrain them for initiating action under 138 .. Kindly share the details for futher guidance

1. Before declaring your account as NPA did it inform you about the position of your account?

2. If no then the Bank is at fault for which you can approach DRT by filing SARFAESI Application after possession notice is issued by the Bank.

3. Bank has the authority to restructure your EMIs eve after your account has become NPA.

4. Meet the higher officials of the Bank with the said application explaining him the reason for the default.

5. If the Bank still stays adamant in its stand then seek relief through DRT against the Bank and through Consumer forum against the builder as suggested in my earlier post.

File case against bank in ombudsman

You can file an injunction suit against bank seeking to restrain them from indulging in such illegal activities of recovery of money by this mode owing to the tripartite agreement with the builder and you.

As per the agreement it is the builder who is to be taken into task.

This injunction suit will buy you time to set right the things.

Discuss with your Advocate and proceed further as per his suggestions.

You can engage a lawyer to handle the case for you at Allahabad, while you are in Delhi.

You will have to challenge the summoning order received by you in the 138NIcase in a 482 crpc petition before the High Court.