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Cheque issued to builder but not presented for payment


17-Feb-2023 (In Recovery Law)
Cheque was issued to builder on dated April 20th 2021 but not presented in bank for more than 1 year. After 1 year builder told me payment is not received then I issued him another cheque, he presented with bank and payment credited in his accountNow, he is asking for delay payment charges for above cheque which he has not presented on time and I guess he lost it somewhereEven cheque has not bounced and presented with the bank for payment. He is asking for delay payment charges, When i denied to pay, builder is saying we will not give NOC to you. Please suggest.
Answers (3)

Answer #1
543 votes
Dear Client, If builder issued any acknowledgement receipt for the previous cheque issued by you (or you have any evidence) then you can approach him through legal notice and other legal remedies also available, but if you don't have any evidence favouring you then it might be some difficult but you can serve a legal notice to builder and also initiate further legal proceedings against him if he doesn't provide you NOC. You can contact me for further support.
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Advocate Pankaj Agarwal

Adv. Pankaj Agarwal

LawRato Delhi | 25+ Answers
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Answer #2
704 votes
The facts and circumstances as enunciated by you give rise to civil action via a Consumer Suit before a consumer forum as well as Specific relief in the nature of enforcement of contractual obligations. You can even seek compensation for the damage caused to you, if any, because of the said misactions on the part of the builder.
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Advocate Rohan Sharma

Adv. Rohan Sharma

LawRatoDelhi | 200+ Answers
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Answer #3
587 votes
If he’s not listening to you then you can always serve him a legal notice and in that notice you can write to give you the NOC which you are entitled to receive and stop the harassment of asking the delay payment charges or face legal action which will be at your risk. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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