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Author Topic: Pls suggest!! How do i proceed for Cheque Dishonoured?>  (Read 896 times)

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Offline Subhendu

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Pls suggest!! How do i proceed for Cheque Dishonoured?>
« on: July 25, 2015, 07:35:26 AM »
Hi,

After following up with builder for more than 7 months, i got two partial post dated cheques from builder towards the refund for my cancelled booking. At that time they took a receiving from me on a xerox of both cheques.
And after a month when i presented 1st cheque, it got dishonored with reason "Fund insufficient". I contacted and personally met the builder's representative on the next working day who is taking care of that project. He asked me to give back the cheque (which was dishonored) and a cancelled cheque of my saving account and said he will ask the account team to do the RTGS to my account. I said am not willing to give back the cheque at the moment and insisted him to request the account section to let me know when next i can present the cheque again to the back for withdrawal. Then after confirming he said to present it next working day. So i did present both the cheque on day before yesterday.Today i got the message that both cheques are dishonored again but with reason stated as "Exceeds agreement".

So i contacted back the builder representative after receiving the message , he rudely said i had told you to give back the cheques and would have done the RTGS. I said him if you really wanted to do the RTGS why didnt you do that on the first hand rather handing me the bogus cheque and on that he was saying you are lucky one who at least got the cheque and blah blah. I am really scared and confused.

Can anyone pls suggest what i should be doing. Shall i proceed with the notice as I got to know I am supposed to get it done with in 30 days of receiving the date of receiving “Cheque Return Memo” from the bank((7 days already passed).
Or shall i trust the builder on the RTGS transfer?

Pls suggest and do let me know if i can reach to any advocate in gurgaon/delhi for the same.

thanks,
Subhendu .
« Last Edit: July 25, 2015, 07:41:04 AM by Subhendu »

Offline advkartik

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Re: Pls suggest!! How do i proceed for Cheque Dishonoured?>
« Reply #1 on: September 08, 2015, 11:10:56 PM »
Send a legal notice, after the 30 days waiting period file for cheque bounce case both civil and criminal case

Offline adv.amarnath

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Re: Pls suggest!! How do i proceed for Cheque Dishonoured?>
« Reply #2 on: September 09, 2015, 06:13:25 AM »
Please disclose that what you had booked. If it is a flat then you have more quicker relief with compensation with litigation cost. You can seek Consumer Forum. It will take hardly 8 months to get order which is absolutely enforcible with 1st class judicial magistrate power. NI act case will take minimum 3 years to get order which may or may not succeed.

You can contact me for further consultation and advice.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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