Whether eligible to file case in consumer court
m k bhardwaj
(Querist) 15 August 2014
This query is : Resolved
i bought one flat under construction 3 years back, after its completion , I sold it out after 3 years to someone else. but at the time of sale, builder charged some excess amount in the name of transfer fees, while it was written in agreement that tr fees will be charged from IInd transfer.
please advise me, whether the case is fit for filing under consumer court,,as I have sold the flat after three years.
do I fall in the category of consumer ?
flat bought in april 2011 and sold in june 2014, when it was compeleted..
please clarify the scene
manoj joshi
(Expert) 15 August 2014
yes u can
u r a consumer in the eye of cpa
V.T.Venkataram
(Expert) 16 August 2014
According to section 24 A of the act, you cannot file the case now, as it is hopelessly barred by limitation.
prabhakar singh
(Expert) 16 August 2014
I SQUARELY AGREE WITH STATEMENT" According to section 24 A of the act, you cannot file the case now, as it is hopelessly barred by limitation." OF MR. V.T.Venkataram
ajay sethi
(Expert) 16 August 2014
you have not mentioned which year you sold the flat
Advocate. Arunagiri
(Expert) 16 August 2014
You bought it 3 years back while it was under construction. You sold it after three years. So, you would have sold it very recently in this year.
Deficiency of service occurred only during the transfer, in this year. So, you can file the consumer complaint.
Rajendra K Goyal
(Expert) 16 August 2014
Agree with the expert Advocate. Arunagiri ji.
Kumar Doab
(Expert) 16 August 2014
You have posted in your first post that:
"flat bought in april 2011 and sold in june 2014"
Thus agreed with Mr. Arunagiri that limitation has not ended.
The builders phrase the agreements smartly.
Has it claimed that 1st transfer was to you and second from you to current owner?
You may show the agreement to your able lawyer.
Raj Kumar Makkad
(Expert) 16 August 2014
It seems some of the experts forgot to note that the illegal money has been charged during the month of June, 2014 hence the consumer complaint is within limitation and there is no relevance of section 24A of CPA.
T. Kalaiselvan, Advocate
(Expert) 21 August 2014
Agreed, it is not barred by limitation because cause of action reportedly began during the re-sale only i.e., Jun'14. You may proceed with a case against the builder.
