Combined case in ncdrc
raj malhotra
(Querist) 25 October 2020
This query is : Resolved
We 50 buyers had invested in under construction flats. However, for past 3 years, the construction has stopped and there is no progress. The builder is not providing us any information about progress . We want to file a combined case, for recovery of amount paid till date, in NCDRC as total paid amount of us buyers exceeds Rs. 10 crore i.e. the NCDRC limit.
There are around 600 flats in the project and we 50 buyers want to file a combined case in NCDRC for recovery of amount. Of these 50 buyers, some had invested in 2 bhk, some in 3BHK.
Some buyers had taken loan under Buy today pay tomorrow (BTPT) scheme under which interest portion is reimnbursed by builder, some had taken normal loan from SBI, etc.
My query is as follows :-
a) can we file a combined case as the total amount by us exceeds the NCDRC limit of Rs. 10 crore. Does it matter that some of us have 2 BHK and some have 3BHK and with separate built up area and we have different loan schemes. Most of us have paid over 80 pecent amount , however the amount paid is different as the rate per square feet was different for buyers.
Isn't the total paid amount considered for filing a NCDRC case. Because some lawyers I have met are saying that since buyers have different loan schemes, different amount paid etc. . a combined case cannot be filed.
Kindly guide.
Isaac Gabriel
(Expert) 25 October 2020
If there is any agreement, acqittance for the amount paid to the builder, evev criminal case could be launched individually.In this case approaching consumer court may not be os much help and each one of you need to file case.
SHIRISH PAWAR, 7738990900
(Expert) 25 October 2020
Hello,
It is better you file the individual cases as agreement money etc. are different. Further NCDRC may not admit the case as they are overburden with the appeals and ask to go for a trial before state commission or district forum and file individual cases.
Rajendra K Goyal
(Expert) 25 October 2020
You can file combined case. Some Advocates have good experience in dealing with such cases before NCDRC. You can discuss with Advocate Mr. Sushil Kaushik (9811388800) who is experienced and is handling no. of cases against builders before NCDRC.
Rajendra K Goyal
(Expert) 25 October 2020
If the case is entertained by NCDRC, it would be decided in 2-3 years and appeal lies only with Supreme Court. Generally decision is accepted by the builder.
Please refer following news item in reference to ruling from Supreme Court of India:
A bench headed by Justice Dipak Misra rejected the appeal of Amrapali Sapphire Developers Pvt Ltd challenging the NDCRC decision on the ground that a plea can be filed directly before the apex consumer commission if the total value of the disputed deal is over Rs one crore and the 43 buyers could not have filed a joint plea before the NCDRC.
According to the Consumer Protection Act, if the cost involved is less than Rs one crore, the complainant has to first file the plea at the district consumer forum.
The realtor submitted before the bench, also comprising Justices A M Khanwilkar and M M Shantanagoudar, that the cost of each flat was less than Rs one crore, so the buyers were individually ineligible to directly approach the NCDRC.
In this case, the NDCRC had allowed multiple individuals, who bought flats from real estate developer Amrapali, to club their cases to cross the Rs one crore ceiling which was challenged by the builder before the apex court.
https://www.outlookindia.com/newsscroll/flat-buyers-can-directly-approach-ncdrc-sc/993971
Advocate Bhartesh goyal
(Expert) 25 October 2020
