Booked a flat no possession given till date can I file consumer court
09-Feb-2023 (In Consumer Court Law)
Sir, I had booked a flat in the year 2012 but till date no possession has been given. In the interim period, that is in the month of Feb 2014 a cheque was given by builder which got dishonoured. I sent a legal notice under relevant section but was told that payment will be made and hence, I took no further action. Since, no payment was made, alongwith other individuals I filed a FIR. The builder then gave a part payment cheque which was not cleared as there was not sufficient funds in the account. Can the case be filed in consumer court and any other actions may please be communicated
Adv prasad patil
Pune
Now, under this backdrop, you have three options : 1) pursue your Criminal Remedy i.e. F. I. R. so that he gets punished for his wrongs 2) file a complaint under Section 138 of the Negotiable Instruments Act, 1938 for dishonour of the cheque issued towards part refund amount (subject to limitation) and 3) file a suit for recovery for the remainder/ balance amount (if the need be).
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