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Q. Cheque bounce / Builder and Bank fraud collaboration

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Anonymous

posted 1 year ago

Q.Cheque bounce / Builder and Bank fraud collaboration
Here are some quick points.
Cheque bounce / Builder and Bank fraud collaboration:

- Builder wasn't making the property and we came to know that our flat was sold to someone else before doing an agreement with us. In fact we were the 3rd buyer of the same flat. The whole project is fraud and too many issues in papers. Bank didn't do any due diligence and checks and now has nothing as collateral
- We stopped cheque and bank bounced EMI and Security cheques. And bank put a 138 on us.
- We came to know that BANK gave the full amount to builder without taking any advance "margin money" and without my approval.
- Builder doesn't own the land as his cheques bounced after registry.
- RERA ruled in our favour and directed builder to refund. Non compliance there. We filed execution but i know it wont help.

We have argues in the CJM court but he doesn't want to listen and says this is regarding cheque bounce only and everything else is secondary. My lawyer is very good as he collected all these evidences. In this project, we are 7-8 people with multiple flats fighting this bullshit together.

Why is our Law so blind. What do i do now?

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Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 1 year ago

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A. ) Dear Sir,
You may approach High Court and put a stay on the proceedings before CJM Court.

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Shreyash Mohta

Experience: 2 Year(s)

Responded 1 year ago

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A. ) Approach to the HC and ask them to look into this matter and then decide upon the same.
You can also appeal against the order to the CJM in the HC and get this 138 matter stayed.
Even go for quashing of such a case with the evidence so collected.
Thanks

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