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No Construction > Cancellation > Cheque Bounce


01-Apr-2023 (In Property Law)
We booked an apartment with a builder in Mumbai in Dec 2013. The completion time was 3 years - Dec 2016. The builder has not even broken ground until now. After followups and our proposal to file a court case he agreed for cancellation and for issuing 6 cheques for Rs. 65 Lakhs. Of this Rs. 27 Lakhs were honoured, Rs. 38 lakhs were dishonoured. This occurred in April of 2017. Sec 138 is going on. Due to double disbanding and long dates we have not yet reached the evidence stage. Its been almost 2 years since cheque bounce and 5 and a quarter years after payment. I do not have an apartment. I am spending a lot of money on rent. A clause in cancellation agreement reinstates my claim. The builder has accepted his liability over email and in a letter by his lawyer to my lawyer. Planning to file a summary suit. Can I also approach RERA, file an FIR and go to consumer court? If consumer court can i ask for a sum of an equivalent value of a similar sized apartment in that area?
Answers (1)

Answer #1
594 votes
This is my response to you:
1. You should filed your evidence by now;
2. Atleast a warrant should have been issued against the builder;
3. You must gavr alteast received 30% advance;
4. Consult a local lawyer and take steps.
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