Stop Cheque Payment | Vkeel - Free Legal Advice

A GUPTA

Lucknow

I had purchased/ Allotted a residential plot in Lucknow on 18 April 2019 from a private promoter (Unregistered project by UP-RERA). Promoter promised me to provide all basic facilities like road, separate transformer, Drainage system, street Light, water supply, etc within 2 months. For this Services, I had paid INR 132500/- to the promoter as a development charge but till date promoter didnâ€™t do anything on construction site and the promoter forced me to pay the remaining cheque payment (stop cheque payment by me) as a development charges on due dates. Otherwise, he sues me in court. Due to delays in Services by the promoter, construction work for my house is also delayed by 11 months results in a huge financial loss to me. Now I want to claim this financial loss and recover it from next pending payments to the promoter. Now please suggest to me what should allottee do in such cases of fraud by the promoter. Please also suggest to me, in the mentioned case, allottee claim for compensation from the promoter.

Expert's Answers(3)

Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

Cheque is a weapon in his hands and he can file a criminal case irrespective of stop payment. Lodge complaint on this following https://www.icrpc.org/icrpc.org.contact.htm

July 1, 2020
Vishal Jain
Mumbai,

Since the project is unregistered with RERA, you have two options at this point in time: 1: file a complaint under before Rera as RERA act is lucid that each project needs to be registered with the authority failing which the promoters are liable for compensation coupled with suspension of project; 2: file a complaint before comsumer court for damages due to deficiency of services. For elaborated assistance, please book a consultation.

June 30, 2020
Advocate Rahul Sachdeva
Chandigarh, Chandigarh

file case in Consumer court for refund

June 30, 2020