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Anoop ( )     18 March 2013

Consumer case query

Hi ,

        I had booked an under construction apartment which was promised completion in 18 months as per the agreement between me and builder . 18 month were over in Nov 2010 and the construction is still not over and will take another 6 months atleast for the basic things to be ready . 

As such , i had filed a consumer case in July 2011 seeking compensation for losses and the judgement came in my favour in March 02 2013 . Consumer forum has descided that the builder has to pay me the rent which i have paid from due date till the day i have filed the case . Also that builder has to pay that within a month or else pay interest at the rate of 12 % from the due date (which i presume is April 02 2013)to actual payment date . Though the builder has recieved the judegement , he has not contacted me or paid the amount . So my question to all legal gurus here are 

1)What is that i can do now to get the amount paid by the builder  ? Is there any chance that the builder will harass me by delaying posession as he has already paid me the compensation ?

2)How do i get the compensation for the remaining period which was not covered by the earlier judgement (July 2011 to date of hand over) ?



 3 Replies

Kumar Doab (FIN)     18 March 2013

It is felt that:

-- if the builder has received the decision of DCDRF it should write to you and confirm compliance.

--You can visit the o/o Builder 9whihc was a party) and submit a letter (under acknowledgment) mentioning that you are submitting this letter in original and in person,

Or you can also write (under acknowledgment) to the builder (MD, BM and whosoever else was a party) and mention that it should have received the copy of the decision of the DCDRF, and it may confirm on the compliance of the decision of the DCDRF. You may even attach copy of the decision of the DCDRF.

If the builder does not comply with the decision of DCDRF within the set time you may have to file for the execution of the decision of DCDRF, in the same DCDRF.

Valuable advice of learned experts/members is sought.

Anoop ( )     19 March 2013

Hi ,

       I came to know that the builder has infact recieved the DCDRF judgement . He most probably wont even act on that as per my understanding .  Is there any guess on the second query that i have raised ?

 

Kumar Doab (FIN)     19 March 2013

New complaint may have to be filed.

The lawyer who has drafted previous complaint and has seen the documnst can comment better on it.


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