Advance not returned Advance not returned

3 years ago

I have paid ₹1.5 lacs advance for land registration to a real estate company. The owner of the land refused to sell, so the registration did not happen. The company gave cheque after many months of follow up. But they gave stop cheque when I submitted it. They are not responding now. I only have the Xerox copy of the agreement of advance payment. I have misplaced the original. What are the legal steps i can take to get back my money?

Anik

Responded 3 years ago

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A.Hi,
You can go for cheque bounce case under Negotiable Instruments Act if there is no delay, and if there is a delay then go for Recovery Suit. In both cases you are required to serve the legal notice demanding the repayment of the due amount.
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Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.when the cheque bounced ?
if there was no delay then go for cheque bounce case because its quasi criminal.
If time is gone then recovery suit.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear sir,
Try to file cheque bounce case or civil case.
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Aditya Mishra

Responded 3 years ago

A.You can file a suit under sec 420 against the builder and also under Negotiable Instrument Act .
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Tanmoy Chattopadhyay

Responded 3 years ago

A.lodge a police complaint of the loss. next meet a lawyer who will send him legal notice of the payment due. provided the period is within the statutory period of Negotiable Instrument Act, 1881 the recovery will be easy under section 138 of the said act. if that is not available then a money suit can be filed for the recovery of the amount. do not delay and immediately seek lawyer advice. I also foresee a case under consumer court which can be taken up. Do inform your lawyer about this advice of mine if he do not talk of consumer court solution.

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