'fa' and 'ea' filing with consumer court against builder
prash
(Querist) 07 January 2016
This query is : Resolved
Dear Sir,
I am from Mumbai.
My Aug 2010 complaint filing with State Commission against builder was disposed off on Nov 2015, with the order for builder to give flat possession and including compensation for possession delay and mental agony. As per the order, I also paid balance of consideration to builder and cleared my dues immediately.
Subsequently, I filed FA with NCDRC in Jan 2015 for review of compensations and unaddressed claims including correction of the interest amount stated in the order. Whereas, builder filed FA to dismiss/stay the state order on pretext of ex-parte order.
These FA are pending for final hearing at the admission stage. I am confident builder's FA has no merit and would be dismissed eventually.
Okay. With reference to the above my queries are:
1) Can I file Execution Application (EA) under section 27 with State commission for the flat possession only (while pendencies of both the appeals at NCDRC)?
2) Further, can I file (EA) under section 25 with NCDRC/State Comm, for the recovery once there will be final judgment for the pending FA?
My family has lost the patience to wait any longer for flat possession after 9 long years from its booking time. The building is ready now and other flat members are occupying their units.
3) So, if I forcefully possess my flat by breaking the lock and start occupying, will there be any serious impact on the current and future legal proceedings and the benefits awarded?..
Your expert advice will help me to take wise decision accordingly.
Thank you sirs. Awaiting for your responses.
prash
(Querist) 07 January 2016
sorry sir.. correction... state consumer complaint was disposed off on Nov 2014 (and not 2015)
Devajyoti Barman
(Expert) 07 January 2016
You can not explore both the legal recourse of appeal and execution simultaneously. Unless the appeal is withdrawn or disposed of you can not proceed with execution proceeding.
prash
(Querist) 08 January 2016
In the state order, separate decrees are spelled 1 for the delivery of flat possession alone and other 2 decrees for the compensations.
Secondly, the builder has not contested in his appeal specifically against the delivery of the possession.
thirdly, there was no ex-parte judgment order as is claimed by OP. Because, opp counsel was consistently absent 5 times during final hearing stage.. but still opp counsel was on the board until the final hearing..so builder's appeal most likely will be dismissed.
So, in this view, can I file (EA) under sec 27, specifically for contempt of order over the delivery of possession?
