Cheque bounse case against home loan
06-May-2023 (In Cheque Bounce Law)
Hi ,
I booked a flat on Aug-2011 in Noida and take the mortgage home loan from bank and bank paid the all home loan amount in favor of builder. Possession not given till yet which was given on Dec-2011 and stopped the construction. Builder absconding.. Builder office closed and not reachable. we paid the pre EMI till next 3 years after that we didn't pay the Pre EMI.. because i was not sure builder will give the Possession... Bank take blank cheque from me at the time of loan disbursement.... Bank fill the cheque with whole amount without my consent..and cheque bounce.. and file the case against me.. i told to bank i will pay all EMI after getting the Possession or you can take property... I told to bank loan amount goes to builder account... I don't know what i do? I havn't faulty.. I heard and study, there are no consumer liability pay the loan before Possession... I can pay EMI after getting Possession or can surrender property.
Please suggest in this case what i do?
hello client as i can read in ur issue tht uou ate been an victim of builder fraud .
as you have been paying the emi for 3 years countinously without any break. you have book flat in Aug 2011 and the builder stopped the construction and till now there is no possession of the property . in this matter you have been booked un negotiable instrument act .
as your checked has been bounced you hav eto face the case there is only one thing which can be done in your case tht you need to move immidiately agaisnt the builder for criminal case as well as in supreme court also .then you are able able to skip this reponsiblith of cheque bouncing case.
as you have been paying the emi for 3 years countinously without any break. you have book flat in Aug 2011 and the builder stopped the construction and till now there is no possession of the property . in this matter you have been booked un negotiable instrument act .
as your checked has been bounced you hav eto face the case there is only one thing which can be done in your case tht you need to move immidiately agaisnt the builder for criminal case as well as in supreme court also .then you are able able to skip this reponsiblith of cheque bouncing case.
I would advice you to share the documents pertaining to your transaction. Very important aspect in your case is filling and submitting the cheque because is not allowed to do so. Also proceedings needs to be stated immediately.
Hello, possibilities are there in both the cases, for that discussion is needed and proceed according to strategy. There are provisions by RERA (real estate regulation authority) too.
Jayatee Chatterjee
Jayatee Chatterjee
You must contest the Cheque bounce case filed against you by the nbfc. It is advised to file a case against the builder before the appropriate authority/ court. There are changes of relief in your favor as you are not at fault.
You need to hire an expert advocate to fight your 138 case ! Liability towards Third party’s conduct will not remove the liability on you ! Anyways we need to study the complaint done by NBFC ..kindly b in touch
Please bring this fact in the knowledge of the court where the cheque bounce case is going on. It will certainly direct the company to take positive actions towards closing the case. If the company doesn’t listen then you can file a police complaint against them for cheating and breach of trust.
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