P Mitra 12 June 2020

Position require for flat

We have given a 3 katha land to a promoter. Sinc 5 years gone till they did not handed over the flat now my father's death they are demanding power but we couldn't do that and we have filed this case to State consumer forum since 1.5 year in Kolkata. Now promoter handed over the flat without registration 3 some others flat owner. My question is that, shall we go to police station and make a Gd for handing over the flat,because we are the land owner. In our land if they can handed over the flat to some purcheser then why we are not?

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7 Replies

Somsuvra Mukherjee (Civil / Criminal / Consumer / Tax / Labour & Service Matters) 12 June 2020

Dear Mr. Mitra,

Please refer to the complaint petiton and the judgement whether you have asked for registration of the flats or not and the order. If yes, please file an execution petiton before the same bench of the State Commission.

For further help, you can call me at (M) - 7980842613 / 9804580240

Regards,

S. Mukherjee

Advocate

P Mitra 12 June 2020

sir
actually we are the joint co owner of the land. Such long time taking in consumer court for its final result. But promoter started to position to other purchaser of flat. Now is their any provision of law to get a help from police for geting our position of the flat and case as it is going on ?

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Somsuvra Mukherjee (Civil / Criminal / Consumer / Tax / Labour & Service Matters) 13 June 2020

Dear Mr. Mitra,

Usually, at our place at Kolkata it takes around 8 months to 12 months for a consumer case to be disposed off. But i dont know why you are telling long time. As i said earlier, you have remedy before the State Commission only by filing execution petition. I have a number a matters in State Commission where execution matters are taken up very quickly and frequently with a tendency of quick disposal.

Regards,

S. Mukherjee, Advocate
(M) - 7980842613 / 9804580240

G.L.N. Prasad (Retired employee.) 13 June 2020

This is your query: "Now is their any provision of law to get a help from police for geting our position of the flat and case as it is going on ?

The case that was going as informed by you is in consumer court, and the remedy of CC is additional CIVIL Remedy.

There is no bar in filing a complaint and you can file a complaint at the jurisdictional police station.

To register the complaint is the discretion of the Station House Officer. If the rejects registration on legally valid objection, explore private complaint.

In the end only local advocate can guide you and online guidance is temporary FIRST-AID only and it is not final.

P. Venu (Advocate) 13 June 2020

It is a moot question whether the consumer court has jurisdiction to decide the issue between a developer and land owner, as the issue is of commercial nature. In my understanding, the land hoder does not, in the instant case, fall under the definition of 'consumer'.

Moreover, handing over the possession of the flats to the land holder does not involve any conveyance of property. So, where is the question of registration?

So also, dispute, if at all any, is of civil nature. Police have no jurisdiction to interfere.