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Nirmal Joseph (Medical Practice)     27 October 2009

Compensation from Builder

Hello,

The attached is the complaint prepared by me to submit in Consumer Disputes Redressal Commission. Kindly give your comment on this, especially about the cause of action at the coloured portion in paragraph 14(c) and the prayer in paragraph 15.

Thanks,
Nirmal
 



Learning

 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     29 October 2009

well drafted complaint.

M V Gupta (Advocate)     05 May 2011

This being a complaint, there is no need to incorporate the para relating to the grounds. The complaint being against the Partnership firm for its failure to construct the building as per agreement, the pleadings are required to be restricted to the deficiency of service on the part of the Firm, and as such the opposite parties should be the Firm and the partners of the firm. There is an0ther problem u may have to take care. what u have purchased is an undivided portion of a larger extent of land. Unless the land sold to u is demarcated and subdivided with clear boundaries, the construction part of the agreement may not be implementable. The opposite party may raise this as a defence against ur claim of deficiency in service. The reliefs prayed in the compalint shold be more specific. Ur claim for damages should be quantified. Limitation to file the compalint is two years from the date the first cause has arisen.I feel u should discuss  with ur advocate and finalise the complaint.


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