• Selected a flat, gave builder a cheque for booking not can I stop payment on the cheque

Selected a flat, gave the builder a cheque for booking amount of 5 Lacs. Now can I stop payment on the cheque, because I have now some personal reasons not to buy the flat? Can I stop payment before the builder draws the cheque? I have just signed a booking form only not some legal document.
Asked 6 years ago in Property Law
Religion: Other

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20 Answers

This would be illegal.

If you think builder may not go for legal recourses and you can take the risk of litigation you can stop payment of the cheque by informing the builder without delay. 

Your legal liability shall remain with you.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Stop the payment. What is the content of booking form ? Mere booking without delivery and cancellation in a short period - no enforceable debt.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Stop the payment and inform the seller.

Let him demand or go for legal recourse.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Cancellation with in how many days ? Debt dose not mention, it is understood by transaction between parties. stop the payment. Otherwise will face more loss.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Immediately send him a request not to present the cheque mentioning some reasons for clarification regarding the deal,

Also request the bank to stop payment the cheque

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

Since no sale occurs without consideration, you have every right to come out of the deal and refuse to make payment.

2. So you can direct the bank to stop payment of the cheque and cancel the sale agreement by sending the builder a legal notice.

3. If you do so no case will lie for dishonour of the cheque. 

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Inform builder that you do not proceed with purchase of flat and have issued stop payment instructions to bank 

Ajay Sethi
Advocate, Mumbai
99958 Answers
8158 Consultations

Stop payment  of cheque 

 

in event builder files cheque bouncing case contest the case 

Ajay Sethi
Advocate, Mumbai
99958 Answers
8158 Consultations

1. Your liability starts AFTER clearance of cheque, TILL then there is no privity of contract between you and builder, BUT only a proposal.

2.  Issue Stop Payment instructions to your Bank and a Notice to the builder, that you are not interested in his project and to return your booking amount cheque.

3. There is no legal liability on you, PROVIDED you comply with point no. 2.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

yes you can stop the cheque if no other agreement is done as stopping a cheque involves legal penalties and builder can sue you for cheque bounce. In this case stop cheque as soon as possible if encash probability is you wont get the amount back. 

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

Is your 5 lacs cheque is cleared from bank? If its not cleared than you can make stop payment and sent email to Builder that you are not interested in the project.

 

If the cheque is cleared than you can have talk with builder and as per booking form norms may deduct the amount or not as the agreement to sale is not registered yet.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes you can stop cheque if you want. There is no criminal liability as you haven't executed sale deed. Only cancellation charges if applicable needs to be paid

Prashant Nayak
Advocate, Mumbai
34646 Answers
249 Consultations

You can issue instructions to bank to stop payment on the cheque if presented.

In the meantime you may inform the builder that you are not willing to buy this property hence you have given stop payment instructions to bank, there fore not to present the cheque to the bank for payment.

Keep a copy of the letters issued to the bank and also to the builder properly secured so that you can defend your interests in future if any arises in future.

T Kalaiselvan
Advocate, Vellore
90158 Answers
2505 Consultations

The builder may not add all those details in the booking form however if your cheque had been en-cashed by the builder he may deduct a sizable amount from the amount paid by you and may return a paltry amount only, even now he may demand a huge amount towards the cancellation of booking, you can legally answer his demand.

 

T Kalaiselvan
Advocate, Vellore
90158 Answers
2505 Consultations

1. Since the agreement to sell is not made yet you can stop the payment of cheque. It cannot attract Section 138 NI Act as there is no liability.

2. If cancellation charges are mentioned in the booking form then the builder can file a suit for recovery of money in the civil court to recover the same.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

You cannot do so as he will file a case under the negotiable instruments act ie cheque bounce case.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

There was liability and you gave the cheque because of the pending payment.

Therefore go through the legal route of cancellation.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Inform the Builder about your intention to withdraw your membership and ask him not to present the cheque for collection.

You can instruct your banker for stop payment.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

You should contact with builder and ask him for cancellation in writing. You will have to write a letter to your bank for stop payment.

Mohammed Mujeeb
Advocate, Hyderabad
19369 Answers
32 Consultations

Yes you can stop the payment of cheque and send a notice for cancellation of booking to builder before he takes any legal action against you.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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