What to do if the builder is not giving the registry of the flat
20-Jun-2023 (In Cheque Bounce Law)
I have been given a cheque of approximately 45 Lacs by builder, from whom I have purchased a flat. The half payment was made since long. Now the builder demanded balance payment, before Registered Sale Deed is executed. But I insisted them to give me some surety for my money. They issued me a cheque of Rs.45 Lacs approximately and given me an affidavit to the effect that they will get the registered sale deed executed in my name before 20th June 2018, failing which, I can deposit this cheque to my account and encash. Further, they have also issued me Possession letter and NOC also. Now they have not executed Regitery and I know very well that the cheque will also be bounced. Whether I can file a case under 138 of Negotiable Instrument Act ? Whether, the builder can ask to return the possession of flat if I claim the money of cheque ? Nowhere it is mentioned that the amount of cheque is return of cost of flat.
If in the affidavit it is so mentioned that u can get the cheque encashed after the due date, in that event this security cheque can be used as an instrument of liability and u can file complaint. For details it is advisable to show your documents to lawyer and proceed accordingly.
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