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Q. Cheque bounced while applied for refund from a real estate company

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Suman Samanta

posted 3 months ago

Q.Cheque bounced while applied for refund from a real estate company
I applied for a refund from a real estate company as their creditibilty was under suspicions. They issued me two Cheque of future date and both of them bounced due to insufficient funds. Now they are not giving me any further cheques and signed a declaration form stating they will refund same amount in NEFT. That commitment also failed. Now both the cheques have been over 4 months. How to get my money refunded.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 months ago

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A. ) Dear Sir
If the cheques are within limitation period then file cheque bounce cases after issuing legal notices or file a civil suit for which you have three years time from the date of bounce.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 3 months ago

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A. ) serve them with a legal notice for making payments of outstanding amount along with interest and also claim damages, if payment not made despite service of notice file a suit for recovery

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Gyan Prakash

Experience: 11 Year(s)

Responded 3 months ago

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A. ) 1. RERA
2. CHEQUE BOUNCE CASE 138
3. POLICE COMPLAINT

RERA- On what subject matter you received the cheque? If cancellation/refund/possession comepnsation??

138- 3 months over??

File a police complaint too for fraud and cheating

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Sayaree Ganguly

Experience: 2 Year(s)

Responded 3 months ago

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A. ) Dear Client,
Send them a legal notice. If they don't comply to such legal notice within the stipulated time period file a case of money recovery against them.
Thanks.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 3 months ago

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A. ) File money recovery suit under section 138of NIA

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Shreyash Mohta

Experience: 1 Year(s)

Responded 3 months ago

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A. ) Send them a legal notice.
File a suit for money recovery in the Civil Court.
In the alternative,
You can also file a case in the consumer forum.
Thanks

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 3 months ago

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A. ) Dear Client since the cheques have bounced you could have filed the cheque bounce case but it seems that yo have crossed the time limit and your cheques are stale too. So next that you can do is to send them a strong legal notice to start establishing the case and then file a Money Suit in Civil court to recover your money from them.
You may also file a case in consumer forum but that can be decided only after looking at the agreement you had with the builder.

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Suman Samanta

Replied 3 months ago

Sir I cancelled my booking, thus no aggrement was initiated. Will consumer court be the right platform for this ?

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