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Builder company gave cheque which bounced due to insufficient funds.


16-Oct-2023 (In Property Law)

3 years back we have booked a 2bhk flat with builders in bangalore paying more than 50% of the total cost with in 1 month of booking The company execute an agreement for 18 months construction period. even after 24 months they could not start due to some litigation. we cancelled the booking they issued the cheques with notional interest post dated four months back cheques deposited in bank have bounced due to insufficient funds what is to be done as the company representatives are not responsive. Please advise.

Answers (3)

Answer #1
828 votes
If the builders are Dreamz Infra, there are many cases that have been filed in various criminal courts in Bangalore itself. They are major scamsters. It is advised that you proceed to issue 138 NI Act legal notices for the dishonour of the cheques within 15 days from the date of return to the builder and thereafter proceed to file the complaint before the magistrate in your best interests.
Only after the NBW is issued against them will they come forward and make the payment to you.
Advocate Kiran N Murthy

Adv. Kiran N Murthy

LawRato Bangalore | 100+ Answers
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Answer #2
514 votes
Hi sir/madam, you have every right to get back your hard money from the said builder. After the bounced the cheque you have to issued a legal notice to the said builder with in 15 days from the date of bounced the cheque as per u/s 138 of Negotiable Instrument Act. If time is passed, you have to file civil suit against the said builder by issuing a legal notice for the recovery of said money. If you want my legal service I will do it.
Advocate Chandrashekhar Vithal Jadhav

Adv. Chandrashekhar Vithal Jadhav

LawRatoBangalore | 200+ Answers
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Answer #3
584 votes
Do not waste time. immediately send legal notice to the builder and its partners/promoters/directors. if they fails to refund the money you can file complaint against him/them.

legal notice has to be sent with in 30 days from the date of last dishonor. (total three times, cheque can be presented with in its validity period.)
Advocate Sandeep Hegde

Adv. Sandeep Hegde

LawRatoBangalore | 100+ Answers
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- Legal Action Against Builder For Delay in Possession

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