Refund of money/ Check bounce
A. I have deposited Fourteen Lac Twenty Thousand rupees towards Acre Scheme by M/s Rohtas Projects Limited Lucknow on dated 31.10.2012. In this scheme Builder M/s Rohtas was planning to build colony in Sultanpur Road Lucknow.
B. Agreement regarding the same was signed by me as well as by Builder on 10.11.2012.
C. As per clause 14 of the agreement, I got the right to exercise to either opt for allotment of the plot or surrender the right for allotment and seek refund of 300 sq. yds. @ 8500 per sq. yds. on the expiry of 30 months from the date of agreement.
D. After the expiry of 30 months I chose the option through my letter dated 30.06.2015 received in builder's office on 06.07.2015 for refund of money at the rates mentioned above. Total refund money is 25,50,000 (Twenty five lac fifty thousand only).
E. As per Terms and Conditions of the agreement Builder was required to refund the entire money i.e. Rs. 25,50,000/- within the 60 days of the said letter i.e. latest by 04.09.2015.
F. When Builder took no action to refund the money by the due date I approached builder's office numerous times personally as well as by writing two letters for payment of the money along with 18% interest for the delay caused by builder beyond the period i.e. 04.09.2015.
G. Finally, after a lot of persuation builder issued four post dated cheques on 04.01.2016 amounting Rs. 637500/- each to be drawn on KARNATAKA Bank Ltd Lakbagh Lucknow-226001 with dates as 18.01.2016; 18.02.2016; 18.03.2016 & 18.04.2016 respectively. Payment in four parts and that too in the form of post-dated cheques was clearly a violation of agreement terms and conditions.
H. The first cheque of the four post dated cheques given by builder was deposited in my bank on 18.01.2016. However, my bank has intimated me though email on dated 20.01.2016 that the said cheque is dishonoured for reason of “insufficient funds”.