Cheque bounce case filed in consumer court against builder

i have nof not file a case under 138 of NIA due to time barred instaed I have filed case under consumer court aginst the builder is it maintainable

Answers (3)

141 votes

Consumer case is maintenable depending upon the dispute however the same is a slow process. If paper were provided I could recommend you the alternative and immediate remedy against the builder including about the maintenability of consumer.

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213 votes

If you have completed two year for book the flat and registration the flat under two year then y have filed case in consumer forum otharwise you're don't not file Case in consumer forum. Have you completed two year then you can't file consumer forum.

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Cheque Bounce Case under section 138 of Negotiable Instument Act, after bouncing of cheque, by any reason, is, and, Consumer Case under Consumer Protection Act, are totally different with each other, under different circumstances.
Cheque Bounce Case is totally technical offence.
Your facts are incomplete, but as you mentioned that you have not filed a case, it's hidden meaning is you sent a legal notice u/s 138 after bouncing a cheque but not filed a case, Right?
My answer to it is- you should file delay application along with your cheque bouncing case in Court. Once you could succeed to satisfy the Hon'ble Court the satisfactory reason of delay to file a case your case will get filed.
Or otherwise, with bouncing cheque you can file a Summary Suit in a Civil Court.
For Cheque Bouncing case Consumer Court is not a right Forum, hence your case is not maintainable there, you withdraw it and file it in a right Forum forthwith.

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