• Developer not refunding money

I booked a shop from a real estate developer in Silvassa 5 years back.
He took advance of 2.85 lakhs for which no agreement was made. He simply wrote on a diary and signed about the amount taken.

The developer was not getting OC as a flyover was coming near to the shop. I waited for almost 5 years.
3 weeks back developer called me and told that he wants to make office in the shop which he had sold to me. He was requesting me to surrender the shop taking 5% interest on the amount which i have paid him( 2.85 lakhs).

I agreed to his proposal. Later on i started calling him to give the cheque for the refund amount of 3.5 lakhs. He was ignoring it. Finally 3 days back he gave cheque which after depositing in the bank bounced. He is making me run but not retuning my money. He took the diary back on which he had signed while providing the cheque leaf. 

Please help what can be done for this kind of cheating. 

Can the case be filed in a different city where the developer is not located. I am worried that he should not threaten and influence the case if in the city where developer is local. Is it possible to file it outside in a different state? What kind of case would be it? Consumer/Civil/Criminal?
Asked 4 months ago in Criminal Law
Religion: Hindu

12 answers received in 1 day.

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13 Answers

You can send him legal notice for cheque bouncing as well as you can also file criminal case of cheating against him

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

You can issue legal notice under section 138 NI on account of dishonour of cheque 

 

2) if he fails to make payment within 15 days of receipt of notice file complaint under section 138 NI in magistrate court 

 

3) you can also file police complaint under section 406 , 420 , of IPC for criminal breach of trust and cheating 

 

4) also file complaint against builder before RERA or consumer forum for refund of money with interest 

 

 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

You can file for cheque bounce for dishonour of cheque U/s.138 of Negotiable Instruments Act.  Yes you can file it at your place.

You can file criminal complaint for cheating you against the builder.

You can also file Complaint before Consumer Forum / RERA against the Builder for not complying with his contractual obligations. 

Subject to you having the relevant documents / proofs pertaining to the offer made by him with regard to sale.

 

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

Since offence has been committed in Silvassa criminal case has to be filed in silvasa 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

Hi,it is advisable to file a criminal complaint under section 138 NI act for cheque bounce ..The complaint can be filed at a place where you have a bank account or at the place of bank account in which you presented the cheque …

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
55 Consultations

4.9 on 5.0

you can file cheque bounce in UP and any other city where you have address proof and bank account. 

No boundation to file in Silvassa only.

 

Cheque bounce case is quasi criminal so developer have to take bail first to contest case. 

 

Cheating case can be filed in Silvassa only if police takes your complaint or want to file private case. 

 

 

Ankur Goel
Advocate, Bangalore
373 Answers

4.9 on 5.0

You first issue a legal demand notice before filing the cheque bounce case.

After that if he is not responding or complying with the demands made, you may file the cheque bounce case within the jurisdiction where the cheque was bounced. 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You cannot file the case at your whims.

You may hav to file the cheque bounce case within the jurisdiction of the bank where this cheque was returned unpaid for the reasons mentioned therein. 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Hi, If your home branch of the Bank situated outside the Bangalore you can present the Cheque once again and it will bounce and thereafter you can file Civil Suit and well as private complaint  under Negotiable Instrument Act.

Pradeep Bharathipura
Advocate, Bangalore
5233 Answers
289 Consultations

4.5 on 5.0

File section 138 of Negotiable Instruments Act complaint so that he also keeps on moving behind you.

The case can only be instituted in the courts of the city where you had deposited the cheque to encash.

Harshad Joshi
Advocate, Ahmedabad
55 Answers

Not rated

- Since the said developer has given you cheque , then after dishonour of the said cheque you can file a compliant before the court under section 138 of N.I. Act 

- However before filing the case legal demand notice is mandatory .

- Further you can also file a compliant before the police for the offence of cheating and breach of trust as well. 

- Further, you can also file a compliant before the consumer forum for claiming full refund and penalty for harassment. 

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

dear sir,

you can send a legal notice for dishonor of cheque.If he ignores the legal notice a case can be instituted under-138 of NI act. Also you can file case of criminal breach of trust and cheating or appear before the RERA Court.

Thank you

Anik Miu
Advocate, Bangalore
3099 Answers
31 Consultations

4.9 on 5.0

You need to file at a place where the part of transaction or whole transaction has taken place 

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

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