Please help regarding consumer case
H Patel
(Querist) 01 September 2016
This query is : Resolved
**this is the follow-up query based on earlier query asked which is moved down in the queue**
Hi Experts,
I have booked a studio appartment in 20Lakh in 2013 and made 95% payment in instalments. The possession date for me is July 2016. The property is located on Yamuna expressway(Greater Noida) Techzone SEZ. The land is commercial.
Please advice on below points:
1) There are 10 DCDRF in delhi. so in which DCDRF I can file case(if the total amount is less than 5 crore)? The builder has Registered Office in Nariana, Delhi and Corporate office in Sector 16, Noida.
2) 40 buyers(including me) are ready to file the case for Refund. So in that situation, Can we file 2 separate consumer cases(in GROUP of 20 people each) in DCDRF?? For each case, the total amount will be 4 crore. Can the Court combine these 2 cases together in future(but in that sitation Amount will become 8 crore)?
3) If all 40 people want to file the single case before NCDRC, Can it be done as Group (without making an Association)??
4) In MOU, there is a clause of Arbitration from builder. Will it Stop us to file case before NCDRC/DCDRF? and how it may impact us.
Please advice. Thanks
P. Venu
(Expert) 02 September 2016
Please continue your query in the same thread.
H Patel
(Querist) 02 September 2016
it is also there in that thread. Thanks
Rajendra K Goyal
(Expert) 02 September 2016
You asked:
1) There are 10 DCDRF in delhi. so in which DCDRF I can file case(if the total amount is less than 5 crore)? The builder has Registered Office in Nariana, Delhi and Corporate office in Sector 16, Noida.
Ans: case can be filed where the property is situated / Registered office of the builder or where the property is situated.
You asked:
2) 40 buyers(including me) are ready to file the case for Refund. So in that situation, Can we file 2 separate consumer cases(in GROUP of 20 people each) in DCDRF?? For each case, the total amount will be 4 crore. Can the Court combine these 2 cases together in future(but in that sitation Amount will become 8 crore)?
Ans: It is better to file individual complaint in consumer forum.
You asked:
3) If all 40 people want to file the single case before NCDRC, Can it be done as Group (without making an Association)??
Ans: May file. Not recommended.
You asked:
4) In MOU, there is a clause of Arbitration from builder. Will it Stop us to file case before NCDRC/DCDRF? and how it may impact us.
Ans: Full document need to be referred, discuss with local lawyer.
The provisions of refund has to be referred in MOU.
Rajendra K Goyal
(Expert) 28 September 2016
Better you should have posted this query of yours in same previous thread.
Raj Kumar Makkad
(Expert) 28 September 2016
After replying the query in details, whether it is proper to advise the author to remain on his original thread even when he has not been told that his query is repeated?
Rajendra K Goyal
(Expert) 29 September 2016
Author himself has clarified that the query is in continuation, not repeated.
