Buy back scheme from builder but cheque bounced what can I do
30-Jun-2023 (In Cheque Bounce Law)
Had taken a buy back offer from a builder almost 2 yrs back. Tenure was for one year after which i was supposed to get my money back. But the builder kept asking extensions since he did not have funds. Now its almost a year after that and still his cheque have bounced which he promised would clear. The reason for bouncing is always Insufficient funds. Please advise.
You must file a case under section 138 of negotiable instruments Act. However, before filing of case you must comply with the procedure under section 138 and send a notice to the builder within the time frame of 30 days of receipt of the information from the bank. If the Builder still does not give the money file a case before the concerned magistrate under section 138.
Serve him with the legal notice. Mind it that you should serve him the notice within one month of dishonouring of the cheque and after that file a complaint under section 138 of negotiable act. This can be done for dishonouring of the cheque and seperately also you can file a complaint against him for his misdeeds
hello,
You simply first serve a legal notice of demand with the help of any good Advocate and notice must be within the 30 days of bank slip of Remark " Insufficient Fund" if the builder do not gives you the money back within 15 days then you should file a criminal complaint under section 138 NI Act, this is the best way to get your money back and if you lost the chance to file complaint u/s 138 then you can file a civil suit of recovery on him along with complaint in consumer forum.
Other options are also available, but for getting good result you should choose the good lawyer who assist you better.
thanks
Warm Regards
Puneet Sharma ( District & Session Court Delhi & Faridabad )
Advocate/Solicitor/Legal Consultant
You simply first serve a legal notice of demand with the help of any good Advocate and notice must be within the 30 days of bank slip of Remark " Insufficient Fund" if the builder do not gives you the money back within 15 days then you should file a criminal complaint under section 138 NI Act, this is the best way to get your money back and if you lost the chance to file complaint u/s 138 then you can file a civil suit of recovery on him along with complaint in consumer forum.
Other options are also available, but for getting good result you should choose the good lawyer who assist you better.
thanks
Warm Regards
Puneet Sharma ( District & Session Court Delhi & Faridabad )
Advocate/Solicitor/Legal Consultant
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