Any lawyers in the forum.. Need some help..cheque bounce

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thenvk

Forerunner
Hello,

I need some legal help/advice about one of my issue. Guys please help me out

I have purchased an independent house in april 2012. paid the builder 4 lakhs in cash while booking, as the builder said she will give me 10% off on the amount I paid first time.
After that my dad has a house, which we sold it to a party and received 10Lakhs as advance. So out of which we took out 6lakhs and paid to the same builder and booked a Land for my brother. We told her that we would pay the rest 4Lakhs in next 2 months once we receive the complete amount, after my dad's house is sold.

After few days, the buyer had an issue and he cancelled the purchase of my dad's house. So to give his 10L back, we went back to builder in october 1st week,cancelled my brothers plot and got 3L+3L post dated cheques (Nov 1st and Nov 15th).

We gathered all the money, borrowed 3L at huge interest from a lender and we have and gave the 10L back to the buyer as we have post dated cheques. We went ahead and deposited the first cheque on 1st nov and it bounced with insufficient funds. we did not even deposit the second one till date.They actually has 2 accounts ,they gave the cheques from the non operational one. The other account is flowing with money. There were huge transaction in that.

We informed the bulder the same about cheque bounce and she said to wait for some time. There was a mail stating that she would give it after 15th nov. I keep on calling them daily and they keep on postponing.She also said, they are waiting for the home loans and once she gets mine, she would give it to us.

In the mean while, my loan got sanctioned and we had a serious discussion with them on this thursday and their sales managers only spoke to us. We discussed for 3 hrs and she did not even talk to us. Finally the understanding was 3L cheque after my registration, 1.25L toward my home construction, and rest in post dated cheque.

We went ahead for registration trusting them. Yesterday when we went to collect the cheques, all they tried to gave is the 3L cheque and 1.2L receipt for my house construction. Rest no letter, No PDC. We objected it and argued with the owner and she said I will not tell a date nor will give PDC.

We walked out not taking/signing anything.

whats the best way to get the money back?
 
Guys, can some one help us on this. This is turning out to be very problematic for us.
We agreed for the first cheque of 3L about 2 days back and now all we got is 1 lakh DD, sent to us by post. We are yet to receive it.

whats the best way to recover the money in this case?
 
hoping for some legal help in a techie forum is kinda too much ..... do go out and meet a lawyer

i hope you also have the bounced cheque , because then they can go to jail
 
Contact the bank - Write a letter to the bank get an acknowledgement.
Just a word of advise from experience - Never trust builders (they are a$$hol35 and avoid cash transactions as they do not have any proofs.)
I hope the issue solves out soon.
 
I am a lawyer. PM me if your problem is not yet solved or you have not yet met a Lawyer locally, will give you my contact number, you can call me. It would be hard for me to get to know the entire facts here in this thread and give guidance.
 
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