Flat delivery
Mahabub
(Querist) 20 September 2011
This query is : Resolved
Fact: -
We booked one flat, we have paid 80% -90% of the flat value. We entered in sale agreement on 22nd May 2009 & as per agreement, he supposes to deliver the flat by end of dec 2009. We did the sale agreement on Rs 10 stamp paper. Still he have not completed the flat & handed over the flat.
We logged one complaint against to the builder at state commission. The complaint is accepted by court & it is running. Now court is given interim order on the said flat till the disposal of this case.
My question is: -
Since it is not a register sale agreement & use 10 Rs stamp paper , Can he appeal for cancelation the agreement & can court cancel this agreement.
Can Opposite party appeal high court to challenge the interim order in mid of this case.
After final order of state commission, can the opposite party appeal at high court?
After dispose the case at state commission, He can go high court or he has to go at national commission only.
ajay sethi
(Expert) 20 September 2011
1)it appears you have filed a complaint for deficiency of service with the state comission .
2)what is the interm order passed by state commission?
after final order is passed by state commssion appeal lies to national commission nad not high court
3)remedy under consumer protection act is addtional remedy . it is open to parties to file case where they desire . it is another issue whether court will intervene .
in the present case builder has failed to comply with the terms and failed to deliver posession in time .a document which is not stamped is in admissible in evidence
the court will not cancel the agreement as fault lies with the builder .
4) if party is aggreived by interim order he has to move national commission
Mahabub
(Querist) 21 September 2011
Thanks a lot to all of you for your valuable inputs .
Mahabub
(Querist) 21 September 2011
It is G+3 building & Total no’s of flats are 6. Out of 6 flat 4 are builder allocation flat & 2 no’s land owner allocation flat.
We are 3 associate (applicant) who did the sale agreement with the builder (booked the flat) for builder allocation flat. The sale agreement with builder made on different date with the different associate & date of flat delivery was also different.
Date of delivery was dec 2009 for associate 1, Feb 2010 for associate 2, June 2010 for associate 3.
We did the sale agreement on Rs. 10 / 20 stamp paper. Till date we have paid almost 80 %– 90 % of the total flat value base on that agreement. We paid as when builder demanded for money.
As of now builder has not completed the building & could not handed over the flat to anyone, even land owner is also suffering same way. It is already 1 yrs 9 month over from committed date of delivery.
Jointly We (three associate) logged complain against the builder & landowner (as landowner is a confirming party in sale agreement ) at State Commission (State Consumer Disputes Redressal Commission),
We jointly appeal at State Commission (State Consumer Disputes Redressal Commission), the reason of appeal at state commission was
A > our total flat value (jointly) is around 32 Lac (Applicant 1 flat value is 11 Lac / Applicant 2 – 12Lac / Applicant3 – 9.5 Lac).
B > All applicants have same interest, cause of action same,
C> same building & builder (opposite party) is also same.
State commission is accepted this complain & it is running at state commission
As of now Completed 8 hearing, we have submitted the evidence & opposite party suppose to submit the questionary at the next hearing.
At this stage Opposite party (builder) submitted the petition & Appeal for hearing on the following points.
1. The sale agreement made on 10 Rs. Stamp paper, So we have not followed the Indian stamp duty act, so agreement is not valid & requested to cancel the agreement at court.
My question: - Base on that agreement already we have paid 80 % – 90 %, now can court reject this agreement or can this case dilute in future base on this appeal. Is this agreement valid in view of court / law?
2.Builder Challenges that we are not consumer at all.
My question: - In view of consumer protection act / Law , are we not really consumer here ?
3.Builder challenges that we cannot jointly log complain at state commission.
“ Our total flat value is around 32 Lac ( Applicant 1 flat value is 11 Lac / Applicant 2 – 12Lac / Applicant3 – 9.5 Lac ) , all applicants have same interest , cause of action same , Same building & builder is same “
Due to above reason consumer forum suggested to log complain at state commission not to district commission for faster solution & state commission is accepted this & case is running
My questions
Have we taken right approach to log complain in state commission?
Is opposite party right?
Can we not log complain jointly at state commission in our scenario?
At last moment (at final hearing) is there any chance that state commission can give direction to go lower court on base of there appeal.
If you kindly give your inputs ..
Regds
Mahabub
