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Sarang Sawant   21 September 2024

Flat possesion

Hello Sir,

My father booked flat in Pune 2005 and we paid 11k booking amount and 1,11,000 by check. Flat price was 14,56,875. My father told to builder he will pay remaining entire amount during possesion of the flat. We did registered agreement. Builder didn't completed our flat work and started demanding money in cash we refused to pay it.builder send notice and asked to pay the penalty of extra 1.5 lakh. My dad went to builder with d.d of 13,45,000 but builder refused to take it and told he will not give our money and flat possesion.  My dad filed complaint in consumer court in 2006. Builder filed civil suit  stating to cancel agreement to sale in district court in 2006  

Our advocate advised my dad we can not run two cases at one time in consumer and civil court and asked to remove the case from consumer court .so my dad removed it.  Case is still on board. My dad got paralyzed in May 2021. Being son my father never involved me in the case and now I am looking into it.

It has been 18 years now. My crossing is in next month. 

My question is can I go back to consumer court again and file case bcs I want possession of the flat. Builder earned money by rent in these 18 years.  I dnt know how long civil case will run further.

 

Please guide me. Being single kid it's really tough for me to take care of my dad, look after my office work and now this court matter. Please suggest further 

 

 

 

 



Learning

 12 Replies

T. Kalaiselvan, Advocate (Advocate)     21 September 2024

Sicne you have already withdrawn the case filed before consumer forum, you cannot approach the consumer forum again, besides it is barred by limitation.

Sarang Sawant   21 September 2024

Thank you Kalaiselvan Sir.  Why it takes so long time in civil court? Is there any way I can do to speed up my case? Since I got involved in this case from past three years I dnt know much how to deal with this. But I will not loose my hope will continue. 

T. Kalaiselvan, Advocate (Advocate)     21 September 2024

There are various reasons that why the court cases are getting delayed. 

You may properly follow it up regularly with your advocate at this crucial stage. 

Dr. J C Vashista (Advocate )     22 September 2024

The lawyer of your father has misguided him to withdraw the consumer complaint against builder.

whatsoever, since cause of action is still subsisting and continuing on day to day basis delay in handing over possession accordingly you can file a fresh consumer and/or RERA complaint case against the builder simulltanously to the existing civil suit stated to have been pending before the Court.

 

Sarang Sawant   22 September 2024

Thank Dr. J C vashista Sir. 

Yes I feel now same that he had misguided my father . Now my advocate is not helping me when I ask him to prepare me for questions can be asked during cross examination. He clearly states that he can't predict it and asking me to just read the affividait entered by me stating I am aware of the entire case and I was there  with my dad during entire case. Please suggest me what shall I do now as I got stucked now. 

T. Kalaiselvan, Advocate (Advocate)     24 September 2024

Your advocate is right that he cannot predict what questions the opponent lawyer would ask in the cross examination and for that matter nobody can predict that.

Since you know the facts, why do you get scared about the questions to be put to you, you can answer them as per your knwoledge, if you don't know any answer it will not be fatal to your case.

Dr. J C Vashista (Advocate )     25 September 2024

It is next to possible to know what is there in the mind of opposite counsel for putting question(s) in your cross-examination

1 Like

Sarang Sawant   25 September 2024

Thank you T. Kalaiselvan Sir. 

T. Kalaiselvan, Advocate (Advocate)     27 September 2024

You are welcome for your appreciations........

Sarang Sawant   28 September 2024

Thank you so much Dr. Vashista Sir for ur expert advice. 

Dr. J C Vashista (Advocate )     29 September 2024

You are welcome for your appreciation 

Sudhir Kumar, Advocate (Advocate)     02 October 2024

agreeing with above I will add that present circumstances allow no other option but to contest civil suit.


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