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)

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.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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.

Popular Cheque Bounce Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

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.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Cheque Bounce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

15 Minutes Cheque Bounce Advice Session by Phone

4.8 | 104 ratings
Legal advice and answers from a local experienced advocate about your Cheque Bounce issue
Legal Notice / Reply to Legal Notice

4.7 | 83 ratings
30 Min Intro call + Start to finish help - Send a legal notice through an experienced advocate
Similar questions

Sir i filled a cheque biunce case through advocate and i paid said amiunt of rs 5000 first time when further proceddings of court were done accused do…

Read More

Hi Team, I was employed with a Company who asked me to sign a bond of 2lac80k to work for a period of 30 months. Unfortunately my father had a heart c…

Read More

I paid total installments of 5L chit. Company released cheque after severe follow up - that Cheque bounced, legal notice sent-no response. No assets o…

Read More

We had issued cheques of Rs 40 lacs to my friend for temporary loan we required for business but he was not responding after that we stopped the chequ…

Read More

Talk to a lawyer for your legal issue