Consumer redressal forum judgement
Naga
(Querist) 14 January 2016
This query is : Resolved
I filed a consumer case in Tamilndau redressal consumer forum in 2013 against a builder for not providing all the amenities and refusing the interest that the builder asked that was mentioned while booking the apratment.
I paid the full cost of the building and the apartment is registered in my name but I did not get the keys.
The court case went on for two years, a person from court visited the premise and verified that the ameneties mentioned in the brochure was not fulfilled, the builder's lawyer DID NOT attend any of the hearings and atlast recently on January 1 st week, it became ex-party and judgement came in favour of me. There was no one from the builder side during the judgement also.
The judgement request the builder to pay the keys, pay 12% interest from the date of booking for the cost of the apartment, mental agony charges etc in two months time. I though with judgement, everything is over but looks like nothing has happened yet.
I have sent many mails to builder and they seems like planning to appeal. I am fed up and want the keys to my house. I have asked them to return the keys and proceed with the appealing for other things but they are not agreeing for that also.
I have following questions.
1)The builder lawer never attended any hearings and and what basis they can appeal? Will the court not ask them why they did not object before in previous hearings?
2) What options I have to get the keys and money or atleast only keys from the builder.
3) I have paid all the amount of the cost of the building.
Having judgement in favour of me, and waited for 2 months as per the judgement, what will happen if I break in to the building and start using it. What precaution I should take legally to safeguard me in such a case.
4) What will happen if the builder appeals? First of all builder did not come for hearing(more than 6/7 hearing atleast) as he never had anything to argue and how will they appeal now?
5) What other options I have in such a scenario.
6)Is it true that they cannot appeal in court which delivered judgement(tamilnadu state) and they have to do it in Delhi?
7) Under what circumstances a builder oblizes an judgement order?
I have been suffering for 2 years in this case and really fed up. For 2 years the house is locked and not used inspite of me paying all the money.
Appreciate lawyer communities valuable help and suggestions.
T. Kalaiselvan, Advocate
(Expert) 14 January 2016
Preferring an appeal is the right of the party, you cannot stop him from doing so. If the appeal is not preferred by them within one month, after one month you can file a EP to execute the judgement before the same forum.
Naga
(Querist) 14 January 2016
If the builders appeals, how long does it take for the judgement?
What options I have to get the keys and money or atleast only keys from the builder.
I have paid all the amount of the cost of the building.
Having judgement in favour of me, and waited for 2 months as per the judgement, what will happen if I break in to the building and start using it. What precaution I should take legally to safeguard me in such a case.
P. Venu
(Expert) 14 January 2016
The next step for you is to file the EP. This step will care of other matters.
Naga
(Querist) 14 January 2016
what will happen if I break in to the building and start using it. What precaution I should take legally to safeguard me in such a case. ? By just filing EP, can I just go into the house.
P. Venu
(Expert) 14 January 2016
What is the opinion of the advocate? Anyhow, you cannot take law in your hands.
Adv. Yogen Kakade
(Expert) 14 January 2016
No.. just by filing EP you won't be able to enter the house.
Naga
(Querist) 14 January 2016
The judgement says 2 months time so I cannot apply for EP until 2 months have been passed.The lawyer also says, if the builder appeals then I cannot go for EP.
What if I talk to builder and ask him to just give the keys and settle without any cash like I dont pay and buider also does not pay and will settle? Is this a right option to do?
Rajendra K Goyal
(Expert) 14 January 2016
You may file EP if 2 months have passed.
If other party agree you can always enter into compromise, better under supervision / guidance of your lawyer.
Naga
(Querist) 15 January 2016
If the builder files appeal, before the 2months have been passed, I cannot file EP right?
K.S.Srinivas
(Expert) 24 January 2016
If the builder files appeal before two months, you can not file E.P. before two months.
