| Overlook | The Negotiable Instruments Act 1881, Section 138, governs cases involving rejected cheques. A cheque is said to have been dishonoured or bounced when the bank returns it unpaid. The bank returning the cheque takes place when wrong signatures, mismatched numbers on the cheque (both in words and figures), and overwriting was made. These are a few of the causes that can be overlooked. When a cheque bounces because there isn't enough money in the drawer's account, it is something that has to be focused on with the help of the law. | Conflicts between individuals or entities, usually involving money, are the focus of civil proceedings. A civil lawsuit begins when a person files a complaint with the court, alleging that he has been offended as a result of the activities of another person or entity. The well-established rules of the Code of Civil Procedure serve as a guidance for the majority of civil lawsuits. | Customers who pay for a product or service have the right to take legal action if they receive the product or service of poor quality. According to this Act, a customer may officially complain against a business or service provider in a consumer court. If the people who provided the product or services ignored a legal warning, a complaint is typically made. All necessary information and required documents must be submitted when registering a complaint. |
| Process |  Step 1: Sending a demand notice to the person who issued you a bounced cheque is the first step.- Step 2: The notice must provide information about the returned cheque. Information like the date when the cheque was issued and a copy of the memo that was declined should be included in the notice.
- Step 3: After receiving the notice, the person has 15 days to repay you.
- Step 4: If they don't, you can submit a court complaint with the required documents.
- Step 5: Along with the complaint form, you must also submit an oath letter, a copy of the notification sent along with the acknowledgement receipt, a photocopy of the memo, and the cheque that bounced.
- Step 6: The judicial court will examine and confirm the materials you supplied once it receives your complaint.
- Step 7: Following the court's approval of your cheque return case, the complainant or their solicitors must complete it. The accused is then ordered to appear in court. The judge has the power to issue a bailable warrant against the accused if they don't show up in court
| - Step 1: You will require proof to back up your claim. Documents, images, witness testimony, and other things can be used as evidence.
- Step 2: A document that outlines the specifics of your claim is called a Plaint. It ought to contain the names of the individuals concerned, the pertinent details, and your legal justifications.
- Step 3: The court in the area where the case first surfaced must receive the Plaint.
- Step 4: You must deliver a copy of the Plaint to the defendant after the Plaint has been filed. You can accomplish this either personally or through registered mail.
- Step 5: There will be a chance for the defendant to respond to the Plaint. The defendant's answer could consist of a counterclaim or a rejection of the accusations.
- Step 6: Pre-trial motions, which ask the court to rule on specific matters prior to the trial, may be filed by either party.
- Step 7: The case will move to trial if the parties are unable to reach an agreement through pre-trial motions. The trial will take the form of a hearing with a judge’s presence.
- Step 8: The case can be appealed to a higher court if either party is dissatisfied with the trial's outcome
| - Step 1: The first step is to express your concerns over the product or service in writing to the manufacturer or seller. For claims above 10,000, it is highly recommended that you speak with a lawyer and deliver the notice through the lawyer on professional letterhead. This will show the vendor that you plan to bring legal action.
- Step 2: Wait for the vendor’s response. Once you send the legal notice, the company will more likely respond to your complaint. You might receive just compensation from the vendor.
- Step 3: In the event that you do not hear back within the given time, which is normally 15 days, you have the option of contacting the consumer forum.
- Step 4: Select the apt forum .You should decide the apt consumer forum among district forum, state commission, or national commission, depending on the cost and the compensation. You or a representative you choose may approach the forum or commission with your grievance.
- Step 5: Submit a written complaint. The format differs depending on the forum that is chosen. Make sure to put your grievance in writing. It is essential to present the legal notice you made to the vendor or service provider to the court in order to demonstrate to the judge that you attempted to resolve this dispute without going to a trial.
- Step 6: Pay the court fee To file a consumer complaint online, you must pay a court fee. If you prevail in your lawsuit, the court will compel the seller to compensate you for all of your expenditures, including attorney fees and the cost of your online consumer court complaint as well.
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| Documents required | - The original cheque.
- Cheque return
- Memo.
- Legal notice.
- Complaint.
- Copy of demand notice and the original receipts.
- An affidavit stating evidence.
- Power of Attorney.
| - Plaint
- Affidavit
- Witness statements
- Documents
| - Compilations of the applications that are filled with consumer court.
- A Letter of authorisation or someone to defend you.
- Copies of the case-related documents that were analysed
- Copies of notices delivered to the buyer, provider of services, or vendor.
- Notice copies
- Complaint copies.
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| Advantages | - Your legal right to seek redressal and recover the money that was owed to you for the bounced cheque will be reserved, making the issuer answerable for the money they are obliged.
- The issuer of the bounced cheque will be aware of the consequence of giving a bad cheque and will never repeat their mistake.
- A civil lawsuit may make the court pass a judgement demanding the issuer to pay back the amount with penalties. By doing this, you may be confident that you have a legal way to get your money back.
- You can safeguard your personal financial interests and show that you are committed to upholding the law by filing a civil lawsuit. If your financial stability depends on a consistent revenue flow, this may be especially crucial.
- A legal precedent that is successfully established in a civil lawsuit for a bounced cheque may be beneficial in future instances of similar litigation. Additionally, it can serve as a role model for those who could encounter similar circumstances
| - It enables parties involved in the civil suit to use the legal system to look for justice and preserve their legal rights.
- The victims in civil lawsuits may get monetary compensation. This can be important in situations where another party's activities result in physical injury, property damage, or monetary loss.
- A court order for specific actions that direct the defendant to carry out their contractual commitments may occasionally arise from civil lawsuits. This may be particularly advantageous in negotiations involving certain goods or services.
| - Total refund of the payment.
- Goods and services will be fixed.
- The faulty item will be replaced
- All the expenses related to the legal activities, including the complaint, will be repaid.
- Consumers will be paid for any suffering or loss, including mental agony caused due to the product or service.
- The vendor will be forced to stop unfair trading tactics.
- The complaint will be directly brought to the state where the business or the seller is located.
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| Government Fees | - The government fees involved in cheque bounce complaints vary depending on the amount of money mentioned in the cheque.
- For cheques up to ₹1,000,000, the court fee that has to be charged is typically 1% of the cheque's value.
- For amounts exceeding ₹1,00,000, the court fee is calculated based on a sliding scale or a fixed fee structure set by the state government.
- There can be a small filing charge in addition to the court fee for submitting the complaint to the court. Depending on the jurisdiction, these costs might vary.
| - A filing fee is required to be paid when you file a civil lawsuit. The fee amount will vary based on the case's category and the court where it is being filed.
| - The amount of government fee depends on the value of goods or services that were involved.
- No Govt. fee for goods/ services values up to 5 Lakhs.
- ₹200 for goods/ services values over ₹5 lakhs & up to ₹10 lakhs.
- ₹400 for goods/ services over ₹10 lakhs & up to ₹20 lakhs.
- ₹1000 for goods/ services over ₹20 lakhs & up to ₹50 lakhs.
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