• Refund of money given through cheque

I had booked a shop in Gurgaon Builder name KRRISH through their Promoter name K&T.
The builder did not start the project as committed .I had given 3 cheques as a booking amount  to the promoter [K&T] as per promoter demand.
Now Builder KRIRSH who is working collaboratively with K&T says he has received only one cheque and he is unaware of  rest 2 cheques. Promoter has communicated that he has given the money to the builder.

I would need your expert guidance as to how to I retrieve my money back.

Please help.
Asked 11 months ago in Property Law from Gurgaon, Haryana
Religion: Hindu
In whose name was cheque issued ? 

2) was cheque encashed ? 

3) do you have receipt of cheque  issued in favour of the promoter ? 

4) issue notice to promoter in case builder states no payment received by him 
Ajay Sethi
Advocate, Mumbai
33842 Answers
1880 Consultations

5.0 on 5.0

1. Have the two cheques, which the builder claims to have not received, been presented and paid? If the answer is in negative then you should stop payment instructions in respect of the two cheques which the builder claims he has not received from the promoter and then file a criminal complaint for the loss of cheques. 

2. To recover the money from the builder you should issue a lawyer's notice to him and then sue him for the recovery of money in the consumer forum.
Ashish Davessar
Advocate, Jaipur
20797 Answers
556 Consultations

5.0 on 5.0

First clarify whether the cheques are honoured or not. If yes then there is proof of payment of money.
Now if the project is stalled and is not going to be started very soon then file a case for refund and compensation in consumer forum.
If however the cheques are not encashed then cancel those cheques and cancel the agreement as well.
Devajyoti Barman
Advocate, Kolkata
8964 Answers
108 Consultations

5.0 on 5.0

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