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ULast year August we came in contact with a travel agent through my father’s colleague and paid him around 3.5 lakhs (for 22 persons) for Andaman tour in January..From December he started blabbing and showed dillemma in tickets..In January he took another group to Andaman on January 8 and cancelled our..On January 6 we told him if he didn’t return our money ,we will not let him leave from Kolkata..So he issued us 4 bank cheques (dated 20 January)worth 3.5lakhs for us.We dropped the first cheque in bank and it got bounced due to insufficient money..We called him he told us that he will pay that online and told us to cancel the cheque..We didn’t agree and he paid us 5k Rs. Now from 20 January he kept saying to delay the cheque to drop in bank…Now he is saying to wait till 10th February after that to drop the cheque in bank..We threatened him with legal action and he replied do whatever you want!!!
What legal process we can take regarding this ??
Kindly tell me…. -
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VLawyer on a sabbatical here.
Deposit the remaining cheques.
Also, for the cheque that has already bounced, you need to issue him a demand notice within 30 days of you being aware of the default.
In this demand notice, which you will send through advocate on his letter head, you will give him 15 days to make the payment.
If he fails to make the payment in this time you can initiate a case of cheque bouncing against him.
Remember, insufficient funds or stop payment instructions will not absolve him of his obligations.
Let me know if you need details of any lawyer. Can put you in touch with some based in Mumbai, Kolkata, Delhi.
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UThanks for the above..
For the bounced cheque worth 15k Rs, We told him that..He said not to drop that again and transferred us 5K Rs and told us he will pay us remaining later..
Are we still able to send him Demand notice??
If yes , for that notice do we need lawyer??-
VFor a case of cheque bouncing ( S 138 of the negotiable instrument act)
There must be a bounced cheque
You need to send a demand notice within 30 days
You need to give time to repay the amount (15 days)
And he must not repay the entire amount by the due date.By making a part payment, the due is still outstanding.
Unless, you’ll have agreed in writing to give more time to repay.
I would suggest all 22 find one lawyer and ask him to send 22 demand notice.
This should do the trick
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RLawyer here.
Fill the cheques and present it to the bank as soon as possible. Cheques have a validity of only 3 months from the date on the cheque. So present it before the Court and let it get dishonoured. Get copies of the dishonour memos and meet an advocate to proceed against him under the Negotiable Instruments Act, 1881. Do not listen to the travel agent and delay the presentation of the cheque. Once they are expired, you will have no means to encash them.
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