Legal Question in Construction Law in India

I am NRI living outside India for 8 years.

I deposited 20% advance ,5.8 lacs with a builder in 2013 for Apartment, the apartment was about 29 lacs worth. as per agreement

When the agreement was done i was not there, one of my relatives sign behalf of me.

After some time we fount there was some legal problems with land, had discussed with builder to cancel the agreement ,

The builder give me chq of 5.8 lac (full amount) in may 2015, but when i deposit the chq in my account the chq got bounce

Now the builder said he doesn't have money,

Please i m NRIs i dont have time to go to india my family is with me

Please advise me what is the right legal way to get back my refund?

Builder give me chq of 5.8 lac ,but the chq was bounce in 2015


Asked on 10/15/15, 6:30 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Dear Sir

First of all, i take it that the Agreement of Sale, executed between you and builder now stands rescinded. In that situation, the amount paid by you to the builder as earnest money is subject to refund. The Cheque given by the Builder to you for sum of Rs. 5.8 Lack, were your legally recoverable dues from the builder.

Under the circumstances, dishonor of Cheque amounts to offence u/s 138 of the Negotiable Instrument Act You can file Criminal Complaint u/s 138 of N.I. Act against the Builder. The punishment is Compensation (twice the cheque amount + imprisonment). But there are statutory time limit to file such complaint. If they are not missed, then you should forthwith pursue the complaint.

Also, you have additional remedy to file compliant of Cheating directing with the Police u/s 420 of IPC.

You can pursue now both remedies together.

You can also, file a Summary Suit, before the Court, based on the Cheque. You will get quick money.

Should you have any questions, then please feel to ask or contact me.

Regards

VIvek N Mapara

vnmlaws.com

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Answered on 10/17/15, 6:41 am


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