Legal query regarding check bounce on home loan


I availed a home loan and have been unable to repay owing to my financial condition as well as the builder not providing me with either the possession or monthly rental income that was promised. Now the bank furnished one of my post dated checks that I gave while applying for loan which was returned due to insufficient funds. I can repay the loan, what are my options

Answers (4)


248 votes

Bank have a cause of action against you, so can file a suit against you . At the time of pleading You can clarify with sufficient cause that why you are not able to pay and you can also raise the issue- between you and builder as a reason.
you may also sue the builder for specific performance + mesne profit or as per RERA also.

Good Luck!


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82 votes

As per NI act u have to pay the cheque amount as you have issued for consideration and repaying the loan
But as far builder concerns you should file a suit for your grievances before concern court for proper relief

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200 votes

Dear client,

If you are able to repay the loan then go bank and discuss to pay off liability.

Otherside if bank has file case against you under N.I. Act then wait till summons received and at first date you appear before court with advocate to settle the amount.no worry.
Regards Brajesh Sharma

278 votes

See you take legal action against the builder at the first instance and you can defend yourself before the court with some cogent reasons about the security cheque used by the bank or you can delay the payment of the bank.

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