Conveyance deed and case against builder
Rohit Telang
(Querist) 20 February 2014
This query is : Resolved
Our builder has not done conveyance even one year after formation of society.Also he has not given us many amenities like swimming pool,clubhouse etc.For this we engaged a lawyer to go against the builder in consumer court.This lawyer has taken a lot of time to issue notices to builders who were partners.
This lawyer now says he will do the conveyance deed first which will take at least 4 months.After that he is going to consumer court against the builder.We have engaged this lawyer 6 months back.He took 6 months to get records from the corporation like sanction plans etc through RTI.
My question is can we ask the lawyer to go for consumer court immediately along with the deemed conveyance?The lawyer is getting retainership on yearly basis.If he goes to consumer court after 4 months,it will take much time for verdict.Is there any connection between Deemed Conveyance and the consumer court case against the builder?
Advocate M.Bhadra
(Expert) 21 February 2014
Disposal of case in Consumer Court is fast than a Civil Court,so you can go to Consumer Court for deficiency of service and mental agony against the builder.You can also file a Criminal Case in judicial Magistrate Court
The Consumer Protection Act, 1986 is the Act which seeks to provide for better protection of the interests of consumer. Any person who hires any services for consideration is a consumer under the Act. It provides remedies to a consumer against deficient services. When a land is allotted or developed by a statutory authority or it constructs a house for the benefit of a common man, it is as such, "service" as by a builder or contractor. When the possession of the property is not delivered within stipulated period, the delay so caused is denial of "service". Such disputes or claims are termed as deficiency in rendering of service of particular standard, quality or grade. Thus, the Consumer Protection Act provides protection against the malpractices of the builders and developers. Any person dissatisfied by the services or delayed delivery of possession can approach the consumer forum for his redressal.
ajay sethi
(Expert) 21 February 2014
no . your lawyer could have among various reliefs prayed that builder execute conveyance deed in favour of society . he could have filed complaint with consumer forum without waiting for deemed conveyance
T. Kalaiselvan, Advocate
(Expert) 22 February 2014
I agree with the experts opinions. Your lawyer need not have waited for the deemed conveyance instead could have approached the consumer forum with a complaint for deficiency in service, even now t is not late, let him proceed immediately.
