Take out xerox copy of documents 

obtain acknowledgment of receipt of original documents 

take cheque’s 

in event cheque is dishonoured file complaint under section 138 NI 

You should not trust them as the chances are that those cheques are going to be dishonoured due to the fact that the real estate sector has taken a hit and builders are running at huge losses and  devising new tactics to cheat home buyers.

You should not surrender the original documents until and unless you get the full refund along with interest. Ask them to get a demand draft made in your name if they want to get it settled.

If they do not adhere, file a complaint against them in RERA.

If cheque’s are dishonoured you can sue the company 

file summary suit under order XXXVII of code of civil procedure to recover your money with interest 

if you dont return original documents you would not get refund of your money 

See you can take an undertaking from them along cheque so that in case cheque gets bounced you can file a complaint under 138 NI act.

Also return orginal cheques only when both cheque are cleared and account is credited 

In most cases this is the beginning of the end. lodge an FIR against them and file a case in the state consumer redressal forum immediately. I dont think that you should trust them anymore.

Regards

execute an MOU through an advocate after issuing  of cheques you can return original documents.

See along 138 NI act proceedings are quasi criminal and along it cheating case that is criminal in nature can be filed.

So they will not take it lightly. Taking it in writing from them will secure you.

NO way, once documents delivered to them, you will left bare handed with no document to prove your claim. Carry only photo copies.

You are carrying a advance cheque or builder ?

IF you than if bounced, file criminal complain of cheating and cheque bounce case.

Once court notice will issue, CFO dad will appear in court, however big they are.

Don`t hand over originals to them, if they fail to refund, Issue legal notice and case of cheating and criminal breach of trust. 

1. i would strongly advise not to accede to the request of this builder 

2. if he wants the original documents back then he has to simultaneously give you DD/PO of the refund amount and not cheques

3. you please tell them that as per agreement you will deposit the cheque on its due date and if its dishonoured then you will file the necessary 138 complaint 

4. give the original document only in return of DD/PO of the refund amount. Or ask them to transfer the refund to you by online bank transfer through RTGS or any other online mode and once you get credit in your bank account, you can return the originals to them. All this can be done in their office itself. 

5. howsoever big the company claims to be, but this request certainly sounds dubious to me. It should be a fair game. I do not understand reason behind giving a post dated refund cheque. Also no guarantee that the current dated refund cheque will be honored when deposited by you with your bank. 

Hi, it is advisable to file a criminal complaint under section 138 Of Negotiable instrument Act ,for "stop payment " as the cheques were given under a valid consideration and stopping the cheque amounts to cheating and is a offence undersection  138 NI Act ..Also once we file a complaint in court ,and if they intend to settle the matter they can do it before the court ,as the pressure on them will be much higher once they need to obtain the bail in the offence ..Kinldy also let me know the date of the cheques as they are only valid for 3 months ..

Now as they are paying you it's good.  But any thing they promise even if they don't pay you can prosecute them under cheque bouncing cases. You can take an additional indemnity bond to indemnify in case of such contingency in future

You  first take photocopies of all the documents you are required to give to them, after that while handing over the documents you obtain an acknowledgement, then enter into an agreement with them for the money to be received from them. 

You can obtain even post dated cheques for this so that you can be free about the amount in case he is not giving the amount at the later stage.

If the cheque is bouncing then you can initiate cheque bounce action under section 138 NI act, let them have any legal team, you are going to fight your case hence dont worry about it.

While dealing with them you can exercise abundant caution by obtaining an acknowledgment while handing over documents and also make sure that you enter into an agreement for the amount to be received from them at a later date.

Dear Client 

You have to return the original documents for getting the refund but for precautions you can make photocopy of documents and get acknowledgement from the company for depositing the originals with them. 

And if cheque issued by them dishonours then you can file a suit of Section 138 NI Act