Dispute with the builder
Happy Homes Palace A Assn
(Querist) 20 December 2011
This query is : Resolved
Our Association had filed a consumer dispute before the state consumer commission and got the orders in favour of the association. We also filed an execution application before the state commission. In the meanwhile, the builder had filed an appeal petition before the national consumer commission against the orders of the state commission. Matter is pending in both commissions.
We have official communication from the municipality that, the builder has done grave deviations in the approval plan, he was issued notices and he had filed an original suit in lower court, which had gone in favour of the municipality. Again, he had filed appeal suit against the orders.
In the original suit, he had categorically accepted that there are deviations and ready to pay penal fees as applicable for regularizing the constructions. Our application related to regularization issue is pending with the municipality till date.
Recently the builder’s appeal suit also got dismissed. We have obtained Xerox copies of the orders. There is no information from the municipality what action will be taken.
Can we place the Xerox copies of the orders between municipality and builder before the national commission for regularization reliefs? Also, advice we in what format we write to get official communication from municipality about the dismissal order and action to be taken as per rules.
Devajyoti Barman
(Expert) 21 December 2011
Yes those orders would surely help you a lot. Do file those copies of order to the national commission. It would go a long way to bring the case in your favour.