Consumer Forums
Ashish
(Querist) 07 June 2017
This query is : Resolved
My mother who is a Senior Citizen and a heart patient, has filed a case with the National commission against a Builder for refund of amount paid since the apartment was not ready for possession as per the agreed terms and No Occupancy certificate is there.
But the Court is not admitting the case and had also asked the advocate to withdraw the same.
Can anyone please suggest whom to approach if the Consumer Court is not ready to listen to the grievance of the Consumer ?
Thanks
NANDKUMAR B SAWANT
(Expert) 08 June 2017
Sir if you and your mother are from maharashtra you may file a criminal case and f.i.r.to nearest police station under sec 3 and 5 of Maharashtra Ownership of Flats Act.and police will take action against builder. I have one copy of similar f.i.r .already filed against builder in similar case. Good Luck.
Dr J C Vashista
(Expert) 08 June 2017
Why did you not discuss this question with your lawyer who has stated to have filed the case?
Which Commission (National) is referred in your query?
What are the facts of case?
Ashish
(Querist) 08 June 2017
Thanks Mr Sawant ! But I'm not from Maharashtra.
Dr. Vashista, it's with the ncdrc at Delhi. We've been given the next date after 2 months
A. A. JOSE
(Expert) 08 June 2017
Your query appears to be premature in view of your subsequent disclosure that the NCDRC has given next date of the case after 2 month; obviously for hearing your submissions for admission or otherwise! Therefore, it is felt that you or your Advocate should take the opportunity to convince and persuade the Commission for admission of the case.
A. A. JOSE
(Expert) 08 June 2017
Your query appears to be premature in view of your subsequent disclosure that the NCDRC has given next date of the case after 2 month; obviously for hearing your submissions for admission or otherwise! Therefore, it is felt that you or your Advocate should take the opportunity to convince and persuade the Commission for admission of the case.
Adv. Yogen Kakade
(Expert) 08 June 2017
What are the reasons mentioned by NCDRC to refuse your case?
Ask your lawyer to take a help of relevant judgments of NCDRC and Supreme court to put your case strongly.
As far the facts of the case is concern, you have many other remedies available to take action against the builder. There are specific laws enacted for such issues in recent times. Ask your lawyer to initiate other proceedings in civil as well as criminal courts of the area where the property is located.
All the best.
Adv. Yogen Kakade
Phone: 020-65248888 / 09225510883
email: juryconincorporation@gmail.com
Web: www.juryconn.in
Adv. Yogen Kakade
(Expert) 08 June 2017
What are the reasons mentioned by NCDRC to refuse your case?
Ask your lawyer to take a help of relevant judgments of NCDRC and Supreme court to put your case strongly.
As far the facts of the case is concern, you have many other remedies available to take action against the builder. There are specific laws enacted for such issues in recent times. Ask your lawyer to initiate other proceedings in civil as well as criminal courts of the area where the property is located.
All the best.
Adv. Yogen Kakade
Phone: 020-65248888 / 09225510883
email: juryconincorporation@gmail.com
Web: www.juryconn.in
Guest
(Expert) 08 June 2017
How the case is constructed in plaint will be imaginary point to all of us .
See why they are not admitting there can be many reason from defects to various other reason
Nation consumer forum gives 2 moths date generally , so nothing new it it.
Dr J C Vashista
(Expert) 08 June 2017
What is the value of the property and/or claim preferred before NCDRC, Upbhokta Bhawan, INA, New Delhi?
Is it original complaint or revision petition?
I am practicing in Delhi Courts, you can show me the documents, if you feel like.
Dr J C Vashista, Advocate
Cell# 9891152939
R.K Nanda
(Expert) 09 June 2017
not admitting case at national commission and asking to withdraw case is normal routine.nothing new in it.
R.K Nanda
(Expert) 09 June 2017
ask ur advocate to argue case and if it is dismissed by NC then u can file SLP in SC.
Kumar Doab
(Expert) 09 June 2017
The experts have raised some points, that author should answer.
Rajendra K Goyal
(Expert) 09 June 2017
Full case file and orders of commission need to be referred, discuss with your lawyer.
