Dear Lawyers
Here is my story, please bear with it if it's little long. Will appreciate your views on my questions at the end.
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I booked a residential property in Pune in Oct 2019 and paid 20% of the amounts before registration on demand of builder as the possession was getting due in Dec 2019. The builder didn't come for registration until mid Dec'19, when I learnt that the same flat was already booked by some other buyer before me and he had also paid 15% of the amounts. The previous buyer said that the builder was asking him to pay more money before registration which he didn't agree and so the builder cancelled the flat and offered him full refund but has still not refunded after multiple follow-ups and so the previous buyer said that he has filed RERA complaint in Dec 2019.
When I questioned the builder about this, he mentioned over mail that the previous booking has been cancelled and all legal steps were taken. When I questioned further, he simply agreed to cancel my booking for full refund in writing over mail. Also he hasn't been able to deliver the property to anyone till now.
Even after multiple follow-ups, he didn't refund me and so I filed RERA complaint in Mar 2020. RERA passed order for full refund with interest in July 2020. The builder didn't comply with the order and so I also filed appeal for execution and after 2 hearings RERA is now issuing Recovery Warrant.
Now the builder sent me a letter with a post dated cheque (PDC) of Feb 2021 with insufficient interest amount.
I've sent him a mail stating that the cheque amount is insufficient. Also I inquired from my other sources that the account from which he issued the cheque has no balance as of now and in past his cheques have got bounced for other clients for which he keeps on delaying by issuing new PDCs.
Also he lied to me in Dec 2019 with a false statement over mail that all legal steps were taken for cancellation with previous buyer but this statement was proved false as the previous buyer also got a favorable RERA order for refund and now has a charge over that property.
I don't trust the builder anymore and now mentally harassed after learning about all the tactics that he plays.
My questions are,
1. Based on his letter and Post dated cheque, can he delay or prevent the recovery proceedings?
2. If I deposit the cheque amount, can I still seek the insufficient balance from recovery proceedings.
3. If the cheque bounces, I am aware that FIR can be filed, but apart from that, is there any other legal recourse to penalise him for his game and tactics.
4. What he has done with me is not less than a fraud but until now i didn't file any FIR hoping that I'll get my money back with help of RERA, but it seems to delay and I am sure the builder is playing tactics as he had done similar with others in past which I got to know later. Can I include this fraud matter in FIR along with cheque bounce case or it will be time barred?
Asked 4 years ago in Property Law
Religion: Hindu
Thanks..
1 more question
If I deposit the cheque and if it bounces, whether it will impact the recovery proceedings?
And then, whether complaint under NI act will be the only option?
Asked 4 years ago