Sudhir Mahendra (manager) 01 October 2013

Stay order by state forum

Sir, I have a filed a case with state consumer forum at Dehradoon against a builder who refused to carry out sale deed in my favor despite a valid tripartiate sale agreement with IHFL from whom I have availed housing loan and amount was disbursed to builder two and half years back and since then I am paying EMI. Though case is sub judice Builder has been attempting to sale or lease out the flat .Pls advice can State forum issue stay orders to builder refraining him from any such attempts and stop him from creating any kind of third party interests. What other options do I have ? Pls HELP....

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T. Kalaiselvan, Advocate (Advocate) 01 October 2013

Mr. Mahindra,

If you have documentary proof for having settled the entire amount to the builder but he is not obliging to execute and register the sale deed on your name, you may seek a permanent injunction against the builder restraining him, his men and agents from alienating the property or from making any encumbrance over it through a civil court and also file a suit for specific performance of contract on the basis of agreement entered.

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Sudhir Mahendra (manager) 02 October 2013

Thanks , Sir ! I appreciate your response but please advice if this injunction (or stay ) order can be granted by State Forum itself in my case ?

T. Kalaiselvan, Advocate (Advocate) 02 October 2013

Consumer Forum will deal with deficiency in service to the consumer by the service provider, whereas the injunction restraining the builders and others related to the issue, will be granted by the civil court of jurisdiction where the property situate, if you are able to convince the judge with the substantial documents in your possession about the genuineness of your claim, I am sure you will get immediate relief of temporary injunction which is extendable till you get a permanent relief on the subject. Contact your lawyer and pursue the issue. Advocate kalaiselvan, pH: _91943441062

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Sudhir Mahendra (manager) 04 October 2013

Thnk You so much Mr. Kalaiselvan. I appreciate your help.....Regards...Sudhir Mahendra