Non-payment of Refund amount from Builder
19-Apr-2023 (In Consumer Court Law)
Non-payment of Refund amount with interest due to cancellation of Flat booking. My sister had booked a prelaunch flat on August 2013. The builder promised to deliver as per agreement on 2014. However, the builder did not honor the agreement. We asked for cancellation. They gave a post dated cheque for 3rd March. When we went to process the cheque, they said they do not have funds,. They gave us assurance letter that they would provide draft on 16th April. However, they did not do so. They are not willing to give us out own money with interest. What legal action can we take ? Please help?
Moreover if they had already given you cheque, you may deposit the same for encashment through your banker and if the same bounces, in which case they shall also be liable for offence u/s 138 of Ni act which is a criminal offence.
You can present the cheque now, do not delay, as the cheque is valid only for 3 months, if the cheque is dishonoured you can file 138 NI case for cheque dishonour. This apart, you can also file a consumer case for deficiency of services, mental agony and compensation.
Pratap, Advocate
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