Illegal building cheque issued by builder bounced what action to take?


Builder given a receipt cum booking sli of flat 01 BHK with him, However the construction was demolished by the New Mumbai Municipal Corporation/CIDCO authorities due to illegal construction.- in the month of Jun 15. I submitted the withdrawal application to the builder on 05 Jun 15. Builder given 06 cheques to me of different dates, However all the cheques were bounced, The total amount involved is Rs 6,43,000.00. Question is that where to file the case against the builder and can I get that money back? All payment made by me was in the form of either cheque or NEFT. Kindly advise. Regards

Answers (2)


307 votes

You can issue a legal demand notice to builder through advocate and if he doesn't respond to notice and pay the amount you can file a complaint under section 138 of Negotiable Instruments Act. check that all is done within limitation period as required under Section 138 to Section 142 of Negotiable Instruments Act. The Case can be filed with Judicial Magistrate First Class (Metropolitan Magistrate) Court at Navi Mumbai.


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118 votes

Dear client u have to send legal notice through lawyer within 30 days from the cheque bounce date. If builder will not repay the amount then u have to file case under sec 138 of n i act in the court within 30 days from the cheque bounce date. For any legal help call me

Adv prasad patil

Pune

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