What legal action can be taken to prevent any inconvenience?

We bought a flat from the builder and wrote postdated cheques for the registry amount. The builder tried to encash one of the cheques before the decided time so we had to stop the bank from clearing the cheque because of insufficient funds and incomplete work in the flat. Now we have verbally informed the builder to encash that cheque as the funds have been arranged. But the builder is knowingly not encashing the cheque. Will be liable in any form if the builder is not encashing the cheque. What legal action can we take to prevent any inconvenience to us?

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 30 Oct 2024

If the builder refuses to encash the postdated cheque despite your notification that funds are now available, they may not have a valid legal basis for not doing so, especially if you have fulfilled your obligations regarding payment. However, the builder might claim damages for any delay in completing the work. It is advised to document all communications with the builder regarding the cheque and the status of the flat's completion. You can send a formal written notice requesting the builder to encash the cheque. If the builder continues to refuse, consider seeking legal advice to file a complaint with the consumer forum or pursuing a suit for specific performance or damages, ensuring that your rights are upheld.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 29 Oct 2024

If the builder refuses to encash the cheque, consider sending a legal notice, and seeking mediation would be helpful. About the liability, if funds are available you wouldn't be held liable being delays caused by the builder's refusal to encash the cheque.

Admin
Advocate By LEAD INDIA Answered: 12 Sep 2024

Sir, if funds are available and still builder is not encashing the cheque then you will not be liable for any penalties related to cheque dishonored and you can also hire an expert lawyer who will assist you with best course of action. For further legal assistance contact us on our helpline number.

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