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Q. Cheque bounce

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Yograj Singh Khetal

posted 6 months ago

Q.Cheque bounce
I booked a flat in 2015 in the project of Niwas promoters pvt Ltd, in Noida ext. Giving 10% of total cost, remaining financed by Tata capital, for which is have to start paying emi after 36 months I. e subvention plan. But promoter failed to build and deliver the project. I registered a comlaint with uprera in January 2018 and got refund order from uprera. I informed Tata capital in July 18 for the same by mail and speed post, but I got no response. In September I request uprera to execute its order as there was no response from the promoter. I received an information from uprera in 3rd November 18 by email about execution notice to promoter but till today I have not gotten my RC. In 5th February 19 tata capital represented a cheque issued by me, but I stopped the payment requesting Tata capital to either wait or action against the builder to whom they disbursed the payment directly without informing me. Now their advocates issued me a notice to pay the cheque amount or face legal action. What should I do.

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Harsh Vardhan

Experience: 4 Year(s)

Responded 6 months ago

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A. ) Hello !!

On the bare perusal of the facts mentioned by you, i am of the considered opinion no case under Section 138 NI act i.e. cheque bounce lies against you.
The law is clear and settled on this aspect. The finance company is only threatening you.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 6 months ago

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A. ) engage one prudent lawyer and make a reply of legal notice with the fact that the bounced cheque was not issued/meant for any LEGAL DEBT and no offense is made by you as per section 138 of NI Act

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Junaid Ali Khan

Experience: 2 Year(s)

Responded 6 months ago

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A. ) A lot can be done in your case. For that i need to review your contract with the builder and notice sent by the tata.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 6 months ago

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A. ) Dear Sir,
You have to counter it legally and if possible approach High Court to get a stay on such proceedings.

For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.

https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

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ANSUL BHUTA

Experience: 1 Year(s)

Responded 6 months ago

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A. ) You have a case. Now either you can fight if you want or you can settle.

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