Dispute with the builder
maxmoon
(Querist) 18 March 2013
This query is : Resolved
Dear sirs,
I had purchased and registered a flat in mumbai in 2006.till date i have not been given the posession of that flat.
so i approached consumer court and the court has now passed order in my favour on 8th Jan 2013 which is mentioned below.
Courts Order:
. The builders are directed to handover posession of flat within a period of 4 months from the date of order.
OR
If fails to handover possession, opponents are directed to pay market price of the flat within a period of 2 months,failing which,the amount will carry interest of 9% p.a till realization of amount.
Can the builder go for appeal in any other higher court and drag this matter ahead ?
please advise
ajay sethi
(Expert) 18 March 2013
yes builder can file appeal against order
maxmoon
(Querist) 18 March 2013
but sir which court can he appeal? can that be time consuming?
maxmoon
(Querist) 18 March 2013
I am not happy with the courts decision as i wanted the flat and compensation for the delay for so many years.can something be done in that case?
ajay sethi
(Expert) 18 March 2013
order is reasonable . dont appeal agisnt order . you have got flat in alternative market price of flat
maxmoon
(Querist) 18 March 2013
but if the builder goes in appeal will i get 9% p.a from builder as directed by the court till the time i get the complete money?
ajay sethi
(Expert) 18 March 2013
if court is inclined to admit appeal it may direct builder to deposit 50%of amount . in some cases appeals are disposed of at admission stage itself
R.K Nanda
(Expert) 18 March 2013
agree with Sethi.
Adv k . mahesh
(Expert) 18 March 2013
yes you will get 9% per annum if he fail to deliver
Devajyoti Barman
(Expert) 18 March 2013
Appeal should not take more than 2 years.
You can also prefer cross appeal.
Raj Kumar Makkad
(Expert) 18 March 2013
It is advised that if you receive the notice of the appeal from State Consumer commission then do file cross-appeal and demand the benefits/compensation which you had pleaded before the consumer forum and which have been denied to you.
maxmoon
(Querist) 22 March 2013
within how much time can builder file appeal from the date the judgement was passed in my favour
ajay sethi
(Expert) 22 March 2013
Any person aggrieved by an order made by the District Forum may prefer an appeal
against such order to the State Commission within a period of thirty days from the date of
receipt of the order, in such form and manner as may be prescribed:
Provided that the State Commission may entertain an appeal after the expiry of
the said period of thirty days is it is satisfied that there was sufficient cause for not filing it within
that period.
[Provided further that no appeal by a person, who is required to pay any amount
in terms of an order of the District Forum, shall be entertained by the State Commission unless
the appellant has deposited in the prescribed manner fifty percent of that amount or twenty five
thousand rupees, whichever is less.]
maxmoon
(Querist) 22 March 2013
sir,the court gave a judgement in my favour on 8th january...is there any posibility that the builder can file appeal now?
ajay sethi
(Expert) 22 March 2013
copy of order must have been received late . generaly court condones delay in filing appeal
maxmoon
(Querist) 22 March 2013
if the builder is financially unstable and if the builder doesnt pay me even after the time duration given to him by the court?
