How to sue for cheque bounce case in flat allotment


I have booked a flat in MAHILA SMRIDHI AWAS YOJNA Greater Noida which has been announced by Morpheus Group. After that flat was cancelled and they gave us two cheques of total booking amount of Rs. 1,00,000/-. Which were bounced in April and again in May, 2017. I have sent them a notice for payment otherwise to prosecute them under Section 138. Now I have to file a court case in Tis Hazari court. How can I file it? And if I engage a lawyer what would be the cost? 

Answers (5)


175 votes

Is this the notice you sent was your personal notice you sent the legal notice through advocate ? They replied your notice or not ? better you come and contact so the discuss the all matter and and the fees will be settle amiably with lawyer, there is no big issue.


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179 votes

there are new provisions that has come to existence in this regard the procedures are provided in rera act for taking your money back from the builder. In case of 138 Negotiable Instrument the fees is paid in percent of the amount recieved by you after the case along with filing charges and out of pocket expenses. if you want to have a lawyer i can help you in tis hazari charges are 10% of the total amount and relax you will get more than that of the cheque amount, after paying my fees also.

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244 votes

If you did not get satisfactory reply from morpheus group than you file suit under section 138 of NI Act according to your bank jurisdiction where you had presented the cheque to clearence. Engage a lawyer for further process whereas the matter of fee it depend on lawyer.
Further you can contact to me
Thanks

206 votes

No issuesi am here to help you. I will help you to file the case by drafting the complaint under 138 NI Act in tis hazari court. You have to engage a lawyer as there will be evidences and cross questioning. For that i will assist you.. for the fee of the case we can sit and talk. You can contact me further. I sit in rohini and tis hazari court.

234 votes

First of all you can't file a case in court of your choice. 138 case can only be filed in the court in whose jurisdiction bank branch is situated where cheque was presented for the first time for payment. Secondly there is no fixed fees of lawyers. So you will have to talk to them and negotiate.

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