Recovery of money from person promised to get a house

Hello. There was this guy who promised us to get a house in Mumbai suburbs in a cheaper rates. He therefore since 2015 took 10k a month till date by telling us that the construction is in process and once the flats are done he will show it to us. He also took around 1 lakh in cash. The total amt he took till date is 4 lakh rps. Now when we got to know that he was cheating and no such construction has taken place we asked back for our money. After many follow ups he gave the cheque of 4,10,000 rs then he called me up and said that do not deposit as his hdfc bank acc has no money in it. And since then I am trying to contact him he is not even receiving my phone and there are no details of his whereabouts. kindly suggest.

Answers (2)

53 votes

Hi. You have 3 remedies against this person.
1. Intimate that person in writing (u can email him) asking him to maintain sufficient balance in his account as you will be depositing the cheque given by him in your bank for encashment. If you do not hear from him within the notice period stated in your written notice, then you can deposit the cheque for encashment in your bank. It's highly probable that the cheque will bounce. Upon the cheque being dishonoured you can file a complaint against him with the Magistrate court under section 138 of negotiable instruments act.
2. You can also file a criminal complaint against this person with the police with all documentary proof that the amounts were paid by you. Mark this letter as CC to the commissioner of police. If you do not receive any reply from police then you can follow up with your letter with the commissioner's office through RTI.
3. If the person has admitted his liability in writing in any correspondence exchanged with you, then you can also file a summary suit in the civil court.

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333 votes

Kindly note that a cheque is valid only for 90 days from the date of issue. Kindly deposit the cheque soon and then you can proceed against the aforesaid person by filling a case under section 138 of Negotiable Instruments Act. Kindly let me know if there is any written paper work of the said transaction. I will advise you more accordingly. You can also sue the person for cheating. For any further clarification and more detailed advice kindly book a consultancy call.

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