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Mukesh Chandra Sharma (Retired person)     12 April 2015

Execution proceedings

Sir

The consumer court has ordered builder to hand over the possession and has also ordered a compensation to be complied withing 30 days.

The builder has not constructed the property (an apartment in a multi apartment complex) and can not hand over the possession of the promised property.

The builder's office is new delhi but it is a rented accommodation. There is no other property with the builder at new delhi.  The property which was to be handed over is in Uttar pradesh.

Please advise

      a) whether court can issue orders to concerned District Collector of Uttar Pradesh to arrange handing over of partially constructed property.

       b) whether the District Collector ensure handing over of partially constucted property. How the interest of purchasers of other apartments in multicomplex will be effected. 

      c) can the court be requested at the Execution proceeding that property has not been constructed therefore amount paid for the property be refunded alogwith interest.

      

 



Learning

 1 Replies

Advocate Bhartesh goyal (advocate)     13 April 2015

File an application u/s 27 of Act and prey to forum that opposite party has not complied with the order of Forum so  pass an order to sentence it's proprietor/Director .as soon as Forum will pass such order the builder will approach to you for settlement.

27. Penalties

Where a trader or a person against whom a complaint is made 2[or the complainant] fails or omits to comply with any order made by the District Forum, the State Cornmission or the National Commission, as the case may be, such trader or person 2[or complainant] shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both:


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