Property related
ivaan
(Querist) 08 February 2015
This query is : Resolved
i am a resident of india for the past 20 years. My son and daughter got migrated to Canada. I was residing in a rented flat alone ever since my children went to Canada.
I booked a flat with a builder in 1998 for 58 lakhs. The builder had promised to handover the possession of the flat in 2000 as per the brochure and an agreement for sale was accordingly entered between myself and the builder. I had mobilised the funds by way of Bank Loan and financial assistance from my son apart from my own funds.
However the construction got delayed as the builder could not obtain necessary permission from various authorities.
I went to Canada in 2000 to visit my son and continued to live with him though I used to visit India twice a year. I did not acquire a Canadian citizenship. In 2002 I filed a complaint before the Consumer Disputes Redressal Commission claiming compensation of Rs.1.50 crore which included the cost of the flat considering the price escalation, loss on account of possible rental income if the flat was completed in time and compensation of mental agony and hardship.
The Consumer commission dismissed the case holding that I was not a consumer and the transaction was commercial in nature. The judgement was upheld in the National Consumer dispute redressal commission also. Aggrieved by the judgement, I have approached the Hon'ble Supreme Court.
My concerns are as under:
1. Whether my application is maintainable in Hon'ble Supreme court?
2. Whether I am a consumer?
3. Whether the transaction was commercial?
I would request you to refer me the relevant sections and the case laws on my each questions to let me upheld my case with strong hands.
I would also request you to let me know how would the opposite party (defendent) would defend his case on the above questions and the supporting sections and case laws relevant to them so that I can prepare for them too.
Requesting you to help me.
Yours faithfully.
Ivaan Shah
T. Kalaiselvan, Advocate
(Expert) 09 February 2015
We donot supply case laws here. Since you have filed the case before supreme court, you may wait for the outcome.
Rajendra K Goyal
(Expert) 09 February 2015
The case is in the Supreme Court and it seems that 2-3 big files of papers have gathered. Nothing can be advised without going through the papers and judgments.
Your lawyer must be taking care of your interests.
Citation is not provided.
