Cheque bounce and Consumer case against builder

[Anonymous]

I had booked a flat with a builder. He was to give possession within 2 years and I have already paid 90% amount. However now it is more than 3 years and he is yet to give possession. When I argued with him to return my amount, he somehow agreed to pay back by installments. But, his cheque for the first installment has bounced. My question is should I file a cheque bounce case under 138 NIAct or consumer case or I can file both cases?

[Dr. Ashok Dhamija]

These are two entirely different matters. Cheque bounce case under Section 138 of the Negotiable Instruments Act arises because the cheque has got dishonoured and other conditions mentioned in Section 138 (such as relating to issuing of a notice, etc.) have been satisfied.

On the other hand, a case under the Consumer Protection Act would be made out because of deficiency in services.

Therefore, it is possible for you to file both the cases, i.e., the cheque bounce case as well as the consumer complaint, if the cause of action for these respective cases has arisen, as it appears to be.

 

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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