Legal Question in Consumer Law in India
Sir i am fighting a legal battle with Nokia mobiles in the district consumer court.In the first hearing no representative of the company arrived.So after few days the company pursuaded me to settle the case out of the court.Finally they issued a cheque to me amounting to Rs 9,500/( mutually settled) and obtained my signature on an affidavit.
Later on the cheque got bounced with the reasons tampered.The bankers have also deducted Rs 70 from my account.
Pl guide me my legal recourse.As inspite of this the Nokia is arguing that contact your bankers it not our fault.Now i am getting mentally harassed.Pl help
Regards
Nirmal
9999313641
4 Answers from Attorneys
You can file a criminal case for bouncing of cheque under section 138 of Negotiable Instruments Act, but I would advise against it because this will need expenses and extra harassment for you.
My ADVICE--
1. If the mutual settlement was with the consent of the court, you should approach the court again alleging non-compliance (cheque bouncing), requesting the court to re-open the case,informing the court about the cheque.
2. If you did not inform the court about the mutual settlement and simply were absent from the court on the due date and the complaint was dismissed in default, move an application for restoration of the case, informing the court about the cheque.
M C Gupta
i agree with Mr. Gupta s advice. you may file an application with the consumer forum and the notice would be sent to nokia to settle the matter and pay by draft. you can also seek damages for mental harassment. alternatively, you may file a complaint u/s 138 of negotiable instruments act but make sure that tampering was not from your side.
you can file a case udner section 138 of Negotiable instruments act
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