you should have presented cheque within period of 3 months
2) you can only file complaint of cheating against builder if you have not received any payment
3) you can also sue the builder to recover your money with interest
Cancellation of Flat Booking - Registered Banakhat
I purchased one flat in May-2021. The scheme is under construction. I have paid Rs. 22 lakhs (property value 50 lakhs) to the builder. The agreement (Banakhat) has been registered with the office of registrar and my name has appeared on Gujarat RERA site. In Jul-22, the builder’s employee has approached me to sell the property with some gain and I have sold that. I have collected profit in cash. The builder has agreed to refund the my original amount (Rs. 22 lakhs) after deducting some cancellation charges. The scheme is still under construction, and I cancelled the agreement at the office of registrar on 22nd Sep 2022 and in the agreement, it has been mentioned that I have received the cheque (date, amount and number of cheque) has been mentioned on the agreement. The builder said it will take some time to give me the refund. I am continuously following up with the builder, but till date I have not received any refund. The cheque date has been mentioned 22 Sep 2022 and it’s already more than 90 days and I have not received the cheque yet. The date mentioned in the cheque has been stale. In agreement, it has been mentioned that I have received, but till date I have not received anything. What can I do now ?
Asked 3 years ago in Property Law
Religion: Hindu
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5 Answers
Cheque issued to you is not encashed, you have not received refund. In the agreement you have stated that, the amount of advance is refunded, it is only on the assumption and understanding that builder will refund the amount paid and you will return the cheque. On the above grounds file a suit for recovery of payment made. You can file suit in summary procedure under which he has the deposit the amount paid within ten days failing which you will get the money decree. You can also file criminal complaint in the Court of Magistrate for cheating as the offence is clearly maid out.
You can send him a legal notice and after that file a consumer case or rera complaint against him
You send a legal notice demanding the cheque amount and allow just 15 days time to comply with the demand made, failing which you have two options, the first being lodging of a criminal complaint with the police for the offence of cheating and second option is to file a money recovery suit based on the stale cheque.
You can adopt both the options simultaneously also.
Dear client, I am sorry to hear that but in this case you can file a case against the authority before RERA court.
