you must also file summary suit under order XXXVII of code of civil procedure to recover your money with interest
Cheating done by construction contractor
I am a working professional. I had an sale agreement with a builder for construction of flat worth 30 lacs.I have already paid 15 lacs against the construction. Now the builder has forfeited the construction of building.While asking to give the money back,builder had issued cheque.This cheque was not honoured,so we pursued a criminal case under section 138 (NI act). Presently the case is under evidence stage and we have also given petition for interim compensation of 20% against newly gazette notification. Kindly suggest if we can persue civil case against the defaulter and any other methods so that I can get justice
Asked 5 years ago in Criminal Law
Religion: Hindu
21 Answers
See you can file a consumer complaint seeking compensation and damages form the builder for deficiency of services and loss suffered for all this time and mental cruelty.
Further the amount shall be recovered in 138 proceedings only with interest as awarded by the court
1) Yes, you can file Civil case for construction contract or agreement forfeited and when ask advance payment return. Builder is denying to give money back. You can also file case in Consumer Forum as well.
2) Attached proof of cheque bounced as well.
How much time is available to file a civil suite or consumer court approach from the date of cheque issue?
Asked 5 years ago
suit has to be filed within period of 3 years from dishonour of cheque
For consumer complaint the limitation is 2 years from cause of action , that is construction was closed.
Dear Client,
Cheque bounce case is not purely a criminal. File criminal complain u/s 420 IPC. Civil case takes years. Consumer complain can file within 2 years.
Interim compensation payable while framing charges.
You have 3 years of time for forfeited of contract as per limitation act.
1. There is no need to file civil case. Since the act of the contractor amounts to deficiency of service or unfair trade practice you can file case before the consumer forum.
2. in the consumer forum you will be awarded with enough damages and compensation to take care of your loss arising out of this deal.
File a consumer case and seek compensation for harrasment
You can file complaint in district consumer forum against builder under deficiency of service and claiming refund along with interest and compensation .
If I approach consumer court & file a case under deficiency of service and claiming refund along with interest and compensation how long does it take to get the compensation in cheque bounce case under consumer court generally ? Also could you please help me with what are the necessary documents which I would require to submit if I would need to register a case in Consumer Court/Forum.. Can I file it online as well ? Please help
Asked 5 years ago
Builder buyer agreement, payment receipt, bounced cheque copy will file with consumer complain.
Cases before consumer forum take at least 2 years to be disposed of
2) your agreement with builder ,correspondence exchanged with builder , cheque issued , intimation of dishonour of cheque has to be enclosed
It usually takes 2-3 years for a Consumer Court to pass order.
Cheque Bouncing case in Consumer Court is not a right Forum, hence your case is not maintainable there, you can file separate case in Consumer forum.
You need not hire a lawyer for filing the suit. Fill the complaint form and submit it to the commission. On a plain paper, mention the details of the complainant and the opposite party.
No you cannot file online.
See cheque bounce case is separate for consumer complaint it will take around year or two depending upon pendency.
The required documents shall be booking form , the status of the building.
The consumer complaint cannot be filed online it has to be filed before forum.
The time is around 1-2 years.
The agreement, payment receipts and proof of deficiency of service are enough.
Yes, first you have to file online on consumer forum website and than you will receive complaint number accordingly.
Civil case the limitation is 3 years and Consumer case it's 2 years. Civil court it will take more time but in Consumer court it will proceed speedy.
You cannot claim compensation to the cases which have been filed before the effective date of the latest ruling.
You can very well file a summary proceedings or money recovery suit simultaneously for recovery of money.
You can approach civil court within three years with a summary proceedings cae and the consumer court case within two years from the date of cause of action.
In consumer court, the case may run for at least two to three years for disposal.
Take the help of an advocate who will guide you properly about the requirements to be taken care while filing a consumer case.
Even you register it online, you may have to visit the court after registering the online case.
Dear Sir,
The payment of 20% to you by the builder/accused in cheque bounce case is not applicable in your case as implementation of amendment of the provisions applies only prospectively.
You may go for consumer case wherein Court fees is very minimum. The disposal of consumer case may take 6-12 months depending upon the resistance put up by the other party.
