[Resolved]  Om Sai Auto World Malad West / Honda 2 Wheeler — Refund Cheque dishonoured due to insufficient funds

Address:

Mumbai Suburban, Maharashtra

Dear Sir,
I have booked a Honda two wheeler on December 4, 2010 (Booking No.68127) with Om Sai Autoworld, Kandivili (West) (Booking Receipt attached). The delivery of the vehicle was promised within 4 months. The date of delivery got extended by 2 to 3 months every time after April 2011. Finally after much of follow up of 18 months, I was told that the vehicle will be delivered in July 2012. On the assurance of delivery of Vehicle I was asked to pay the full amount. I Paid the Balance amount (Receipt attached) on June 12, 2012.
However, the story continued again. Every month i called them for the delivery of the vehicle and i got the response that the vehicle will be delivered in next month, as the Two wheeler production is delayed / or vehicles have arrived in the damaged conditions.

Sir at last I asked them to pay the entire amount with interest for 6-7 months. In response they issued me a cheque of the full amount with an addition of just 6% interest. The cheque was provided with a future date of January 03, 2013. The copy of Cheque is attached for your reference.

To add to the agony, the refund cheque (HDFC Bank Chq. No.882526) issued in my name got dishonoured due to insufficient funds in Om Sai Autoworld's account on January 04, 2013.

Request you to guide how to get the money back. And does Section 138 under the Negotiable Instruments Act applicable in such a case?