Legal Question in Banking Law in India

My brother wants to purchase a house in Hyderabad.But he stays away from Hyderabad(Around 400km).We have a school in Hyderabad which is running in a rented buiding.The same owner of the rented school building came foward to sell his house.The rate decided is 13 lakhs.In that, my brother paid 12 lakhs to him wihtout agreement.But the owner of the building gave reciept for 12 lakhs on a white paper with one rupee revenue stamp with his signature on that.Now we also vacated the school building as we closed the school because of less strength.We also gave one lakh advance to him for renting the building.He also gave a written statement that he recived the school building in a good condition.Now the owner does want to sell his house to my brother.We also agreed for that by asking him to return our money back.

He gave a bank cheque to us on my brother name to a total amount of 13 laks(12 lakhs+one lakh).For this total amount also he gave a written statement on one white paper with one rupee revenue stamp that he is issuing a cheque for so and so reason.We deposited the cheque.But it is bounced.My question is can my brother file a case on him by including my amount and my brother amount?Please give the procedure how to apporach.Can we approach consumer court for this matter.


Asked on 10/20/09, 2:35 am

2 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

You cannot approach Consumer Fora but can approach Civil Court.

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Answered on 10/20/09, 3:31 am
J. Radhakrishnan independent Practice

No question of consumer court. Your brother can file a suit for specific performance for sale of the house and alternatively for return of the money with interest. Consult a local lawyer and proceed.

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Answered on 10/21/09, 11:08 pm


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