Chris Srivastava 28 March 2023

Delay compensation from builder

We won the case against developer in NCDRC, but developer is not paying the court ordered compensation. 75% of the litigants are planning to settle at 50% and remaining 25% litigants want to file for Execution case. I have the following questions:

1. When calculating delay compensation, do we have to exclude EDC/IDC paid to the builder?

2. What would happen if our lawyer does not file for execution by the deadline, I believe that is April 10, 2023?

3. How much legal work is involved from lawyers side to file for Execution?

4. What action would NCDRC will take if builder still won't obey court orders even after we win execution case?

Thanks

Chris

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3 Replies

Dr J C Vashista (Advocate) 28 March 2023

Question-wise reply is as under:

Q1. When calculating delay compensation, do we have to exclude EDC/IDC paid to the builder?

Ans: No, it shall not be excluded but it will have to be included, if you have paid.

Q 2. What would happen if our lawyer does not file for execution by the deadline, I believe that is April 10, 2023?

Ans: Exection has to be filed within 12 years of judgment/ order / award.

Q 3. How much legal work is involved from lawyers side to file for Execution?

Ans: It cannot be quatified.

Q4. What action would NCDRC will take if builder still won't obey court orders even after we win execution case?

Ans: It depends upon what action is sought by you, otherwise suo moto no action shall be initiated by NCDRC.

Real Soul.... (LEGAL) 28 March 2023

Just get the decree from court drwan and file for execution, you need to submit account details of builder and seek directions to attach the account bank accounts of builder.