Refund of booking amount and 1st dishonoured of cheque for flat booking
Three year back, in March 2015, I made a booking for a flat in a project by paying 20% of basic amount. Payment was made through cheque and builder has acknowledged this by giving me stamped receipt, agreement letter & a Instrumental Cheque dated after 3 year with booking amount plus 12% interest for three years. As per agreement, if i am not satisfied with progress of the project or i am not interested in this booking, after 3 years I have liberty to withdraw the amount by using Instrumental Cheque and my allotment will be considered as cancelled. Now, it's April 2018 and project work has not started. So, to withdraw my booking I deposited instrumental cheque dated March, 2018 in my account for its clearance without giving any notice to builder, which was not required, as per agreement. But, this cheque was dishonoured first time. Please suggest me what should I do now. Should I talk with builder or take help of lawyer.
Asked 4 years ago in Property Law
This is my 1st follow-up question. please refer my previous question.
This project is not registered under RERA, as my booking was 3 years back. Reason for cheque dishonoured is 'Account Closed'. I have given a notice to builder's office, through his peon, to pay my money. Now, 15 days have been passed but they have not replied. Even he don't receive my phone calls. His office is also most of the time remains closed and if found open except one peon, none is available there. Now, I want to send legal notice drafted from a lawyer. But, If this notice is returned duo to reason 'Company closed', What I can do against those builders to get my money back.
Asked 4 years ago