How can we recover our money from the builder

We booked a Villa worth 85 lacs in Hyderabad.. We paid 15 lacs and had sale agreement but not registered.. The Builder did not give documents pertaining to loan for Bank.. We wanted to withdrew.. But Builder ignored our calls and finally after 2 years he gave us post dated cheques. The cheques were deposited by father in law on my behalf in Hyderabad as we moved out of country.. But all cheques were bounced.. The returned cheques were again deposited but had bounced one more time. The builder is ignoring our calls.. My bank account is in Bangalore. The builders cheques were deposited in Hyderabad branch which were bounced.. We filed an online consumer case.. We want to file a cheating case but the lawyer says we need to file a case from Bangalore.. We also came to know that we need to give notice before filing the case.. Can the notice be given from Htderabad.. As we are out of country how can we deal with this.. Being abroad can we file a case.. If so please guide me..

Answers (3)

304 votes

first of all i want to know is whether sale agreement is obtained on 100 rs bond paper and what is the period which has been mentioned in it.
whether the cheques are in your name or in the name of your father in law

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145 votes

You can Authorisation to any one of your family member to issue legal Noice to the builder. If the problem is not solved, your authorised person can file a case against builder through a lawyer in Hyderabad

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Dear Sir, as per my knowledge, you have already appointed a lawyer who is going to help you in the litigation and moreover this is of cheating and cheque bounce case and can be filed where the cheque has been presented and after presenting the cheque in bank it it is dishonored then within fifteen days of dishonor the notice has to be given to the builder and then within 15 days the builder has to pay. The payee has to sent the notice to the drawer within 30 days from the date of receiving “Cheque Return Memo” from the bank. The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer. If the cheque issuer fails to make a payment Otherwise, the payee may proceed to file a complaint in the court of the jurisdictional magistrate within one month from the date of expiry of 15 days prescribed in the notice.

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