Investment of 2 crs in buying a flat in Mumbai was done over a period of 2012 to 2015. Flat delivery was supposed to be given in Dec 2015. Construction activity at site stopped since last 3 yrs. Matters discussed with the Builder. MOU signed in Feb 2017 wherein PDCs spanning over a year were given by the Builder. All PDCs bounced except for two. No paymt coming for months. Decided to file a Summary Suit. The amount agreed with the builder in MOU is 2.82 crs. Question 1 if i go the Summary route what is Court fees, assuming we will have to for the said Amount of 2.82 cr. Question 2 Can the court fee be paid by cheque /or demand draft or Online or Cash.
Respected sir...
You have to file a recovery suit in a civil court of your jurisdiction District and the amount of the Court fee will be applicable @ 4% of the amount to be claimed when the amount is above 20 Lacs of Rs.In your case is 4% of 50 Lacs will be the court fee which is to be filed at the time of the recovery suit or with the exemption application.w.e.f 01.10.12....
Thanku
Court fees would be Rs 3 lakhs
2) it can be paid online
1. Court fee is to be paid by means of stamp paper.
2. You may consult a local lawyer for exact fee, also I may just tell you that the suit can be filed after the partial payment of court fee also.
3. Alternatively if limitation permits you can file a case under sec 138 of NI Act for cheque bounce.
Regards
I'll advise you to approach the NCDRC straight away instead of filing the summary suit. The disposal in the nation consumer disputes redressal forum would be faster and the court fee would be way less in company to that of a summary suit.
You can opt for 138 negotiable instrument act complaint instead of summary suit for best result. Also can go for consumer complaint. Maximum court fees payable wud be RS. 3 lacs. Can be paid online thru IDBI bank.
Court fees will be around 5 lacs, yes court fee can be paid through DD it is the safe mode.
For Rs 2.85 Cr. maximum payable court fees is Rs 300000/- and court fees paid only by way of court fees stamp it is not allowed by cash, cheque or any other way
The court fee for the summary suit for recovery of money and the mode of payment of court fee are local subjects, it differs from one state to another.
You may enquire the same from the local advocate or any advocate from the state of Maharashtra available in this forum may enlighten you on this.
