Civil suit or Consumer court for flat possession
Querist :
Anonymous
(Querist) 06 May 2011
This query is : Resolved
Respected Sirs,
If building is under construction, payment is made 95 percent and possession has been delayed (by 2 years now). In context to filing a suit or complaint, my queries are;
1) In above situation, do consumer court have power to order for flat possession? In above situation, does flat possession comes under perview of consumer court?
2) Is civil suit in district court is considered more powerful than filing a complaint in state consumer court for getting order over flat possesession order?
Thanks
abhay dholakiya
(Expert) 06 May 2011
ya u can do complain with both way consumer is more preferable
Parveen Kr. Aggarwal
(Expert) 06 May 2011
You can either file a complaint in the Consumer forum or file a suit in the civil court. The remedy under the Consumer Protection Act is considered better as it involves less expenditure and is decided in lesser time as compared to civil suits.
Devajyoti Barman
(Expert) 06 May 2011
The repeated queries should be avoided unless it is posted on different issue.
Querist :
Anonymous
(Querist) 07 May 2011
There is entirely different issue, sir.
My lawyer has informed me that, before hearing of my case, a similar other case came on table, wherein the hon'ble judge of state forum expressed that, 'the matter related to flat possesion does not come under perview of consumer court and court is not here for giving flat possession order, and that consumer court orders are limited to compensation for defects, deficiencies, mental agony, etc.'
So, based on this my lawyer advises me to file a suit if I want flat possesion.
I have read citations on this platform and also few media news about Consumer forum orders on flat possession matter. However, what my lawyer tell and advice me, does contradict with this.
As, I am unsure of the validity of my lawyer's claim on the issue, I would appreciate if learned counsel in this forum has any say in support or against this issue.
Thanks.
