Hi, We tried to book a plot with a developer in coimbatore 3 years back and had paid a booking amount, the property got into a legal dispute and developer is unable to go ahead with the registration of the property. The developer had given us 3 refund cheque for partial amount 3 years back which bounced when presented at the bank as well. The developer now keeps making promises of refunding the booking amount but never fulfils the same, we had also sent a legal notice when the cheque bounced to which he dint respond as well. We filled police complaint at the local police station but the police doesnt seem to take any action either, could you please suggest how do we approach this problem ?
File complaint against builder before RERA and seek orders to direct builder to refund your money with interest
2) also file complaint against builder before magistrate court under section 156(3) of crpc to direct police to investigate and submit report
The Cheques issued seems to be out of limitation for filing any criminal complaint under Section 138. You can approach District Consumer Commission under new Consumer Protection Act, 2019 for refund with interest, compensation for mental harassment, cost of complaint and lawyer's fee. You can also file summary suit on the basis of cheques. Under this procedure builder has to deposit the amount claim within ten days, failing which he will suffer a decree for the amount claimed in the suit and costs.
You can file case under section 138 IPC for cheque Bounce. Additional sections can be added in it like SEC 420 IPC & Sec 482 Cr.PC.
If you want any case (citation reference) do let me know.
The cheque when bounced you had issued a legal notice but you did not follow it up with further legal action namely filing a cheque bounce case instead you approached police which is a grave mistake on your side.
The police will register only a complaint under section 420 IPC if the builder has cheated you but the police cannot initiate action to recover your money.
Since you have stated that it is over three years from the date of booking or having made the deposit the claim may be barred by limitation, however you can initiate action to file a suit for specific performance of contract on the basis of the booking amount so that the builder will come to a compromise under pressure.
You can approach RERA or consumer court against the builder wherein you can claim refund along with interest, litigation expenses and damages for the deficiency of services by him.
Dear client I am sorry to hear that but in this case you can go at and file case of check bounce under the Negotiable Instrument Act against the developer.
You can file complaint in rera for the same and seek refund
- As per the RERA Act, if the builder is delaying in construction & delay in possession, then the builder will have to pay 10% interest on the value of the property for delayed possession of flats.
- Hence, if builder fails to delivers the possession of the flat to you on time, then you can cancel the agreement due to his fault and you are liable to get full refund of paid amount with 10 percent interest.
- Further, if you get the possession of the said flat lately, then also you can claim 10% compensation from the builder.
- Further, the said cheques given by the builder not expired from the date of presentation before the bank, then you can file criminal cheque bouncing cases against him , and can also file Recovery suit before the court as well.
- However, if the limitation period already expired , then you can file your compliant before the Consumer forum to get the refund with interest and also compensation for harassment .
