Respected Sirs
I am fighting with the greedy builder giving almost 100% payment and paying EMI of Rs. 23000/- and waiting for the possession of my flat from last 2.5 years to the indefinite time. Brief detail of my case is as follows:-
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I have filed a Consumer Complaint against the builder and also filed (After admitting the Complaint) Interim Injunction Application along with Affidavit with a prayer to direct OP to stay the operation of unjustified demands raised by OP and also to raise further unjustified demands during pendency of Complaint till its final disposal. Note:-I filed Application stating therein that the I have filed the complaint before this Hon’ble Forum and the same is pending for adjudication. The full contents of the said complaint may be read as part and parcel of this application, which are not being repeated for the sake of brevity. Also I have mentioned paras which cover almost 95% of my grievances as mentioned in the complaint.
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On the very 1st hearing when OP appears, copy of Complaint as well as Interim Injunction Application were furnished to the OP and on request of OP adjourned to next date for filing WS as well as disposal of Interim Injunction Application.
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On the next date OP had not argued and also not filed any written objection to Interim Injunction Application and again sought time to file WS. The forum has passed the order stating that it is very SURPRISING that OP has not filed any objection against the Interim Injunction Application and allow my application and give OP a 10 days time to file the WS and fix next date of after 20 days.
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Only on next date (after 20 days) OP has filed WS and in WS, OP has not mentioned any thing about the Interim Injunction Application. The forum has fix the next date to file Rejoinder & Evidence by me (Complainant) Note: Till date i.e. more than 2 months OP has not filed any appeal in the same forum and also in any higher forum against the order of Interim Injunction Application.
Please help me with the queries which are as follows:-
1. OP has not filed any objection on my Interim Injunction Application and also not filed any appeal and thereafter filed WS with too not in the stipulate time as given by forum. Now question arise is the content of WS filed by OP is legal?, as per the situation I feel the WS itself in contra version of the OP decision i.e. not filing any objection of Interim Injunction Application.
2. In WS, OP has refused the email communications which were done by OP in reply to my emails (which are very strong evidence to prove my case) then how can I prove that these emails were sent by OP in reply to my email.
3. In WS, OP has refused the email communications which were done by OP in reply to emails done by the one of the Allotee of the another flat in the same building (which are very strong evidence to prove my case). These emails are forwarded to me by the Allotee of the flat in the same building then how can I prove that these emails were sent by OP.
Please guide me as the next date for filing the rejoinder & evidence is about 1 month later?
Thanks & Regards
