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What action can I take against the builder on delay in possession
07-Nov-2023 (In Cheque Bounce Law)
I have booked the 2 BHK Flat at Dreamz Infra India Ltd, Koramanagala, Bangalore-34. by making 50% of Cost of Flat i.e. Rs. 8,37,900/- on 24.11.2014 and as per the MOU builders has to complete the project within 2 years but till now not started then I have cancelled my booking and builder issued the Ch. No. 024912 for Rs. 9,53,372/- after 120 days from Cancellation. But When I have presented the cheque is got bouned. then I went to the Builders office several times they have not issued the DD or settle the mater and just killing the time from last 3 months, What action I can taken on this company. Whether I will get my money back or not really I am worried about my money now.
I am sorry that you have had a bad experience with your builder. These are your options:
i) Initiate action under Section 138, Negotiable Instruments Act. To do this, you must issue a legal notice within 30 days from the date of your cheque being returned as insufficient funds. Please pay attention to the date of the cheque, and date of the return, and consult a lawyer immediately. This proceeding has a criminal liability.
(ii) Initiate a civil action. This depends on the mode of litigation under your contract with your builder. If you have an arbitration clause, you will have to initiate arbitration proceedings to recover your money, and if the clause does not exist, you can exercise your remedy with a Civil Court of competent jurisdiction.
You must contact a lawyer, who can advise you on your rights, and nuances of exercising your rights.
i) Initiate action under Section 138, Negotiable Instruments Act. To do this, you must issue a legal notice within 30 days from the date of your cheque being returned as insufficient funds. Please pay attention to the date of the cheque, and date of the return, and consult a lawyer immediately. This proceeding has a criminal liability.
(ii) Initiate a civil action. This depends on the mode of litigation under your contract with your builder. If you have an arbitration clause, you will have to initiate arbitration proceedings to recover your money, and if the clause does not exist, you can exercise your remedy with a Civil Court of competent jurisdiction.
You must contact a lawyer, who can advise you on your rights, and nuances of exercising your rights.
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Adv. Vijay Belavadi
Bangalore | 100+ Answers
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As soon as the cheque got bounced, you ought to have filed a cheque bounce case under Section 138 of Negotiable Instruments Act. Now, the limitation period is over. Alternative cheaper method for you is to approach consumer forum.
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Raghavendra Rao B.K.
Bangalore | 200+ Answers
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