I want to file section 138 on builder, how valid my case will be?
My father had given 5 lacs to builder in 2017 to book flat in his new construction, which was about to start.
Even after year it didn't start, so builder said, he will give us flat in his ready building, lets call it R, above his office (location: Navi Mumbai), that Flat belongs to investor and not registered yet. He asked us to give him more 13 lacs and he will add more 20 lacs
and give that money to investor and then get flat for us.
We given him more 13 lacs rupees and decided to take loan for remaining 29 lacs. He made receipts of 18 lacs on name of building R.
In 2018, flat still was not registered. Builder said, he is still arranging money. He also asked us to give more 2 lacs to him. we given him more 2 lacs and while he considered 2 lacs interest (as he used our money over time) and made receipt of 4 lacs on name of building R.
Still he didn't register that flat on our name but kept giving excuses like rera etc. We also understood that flat comes under Gawathan (7/12) and thus loan is not applicable.
We demanded our money back. After lots of argument, he given us flat in his another building, only to keep it with us until he doesn't return our money. He made rent agreement between me (not my father) and tenant for year which completed in dec 2018 and then no renewal while tenant still send rent to my father bank account.
In February 2019, he given us cheques of total 22 lacs ( our money plus interest), which got bounced on 28 February.
I am planning to file section 138 on him, i need guide, if my case will be valid and shall now i ask tanant to stop giving me rent.
Secondly, with involvement of local corporator, he is ready to give money by 1 may and according to corporator i should not send notice otherwise he will get more time in court.
Can i redeposit Cheque after 1 may and then send notice of 138 on bounce of cheque at second time.
Asked 4 months ago in Property Law from Navi Mumbai, Maharashtra
Thanks.. but my another worry is. If i redeposited cheque after 1 may and if builder marked these cheques as stop payment etc. Will these cheques be still valid for section 138. However chances that he marked them as stop payment is very rare.
Asked 4 months ago
Sorry, i made mistake in above writeup. Cheque dated was 26 March and got bounced on 28th March, not February. I know i have few days left to send notice.. but if i wait till 1 may and then redeposit Cheque, will this have any limitations on my case?
And is it, builder should also receive notice within 30 days or is it okay if i send notice on 29th day n builder receive it after 30 days?
Asked 4 months ago