Respected Sir/ Madam,
We entered an agreement for purchase a residential flat with our developer on 22nd September, 2011 & we paid him 96% of total money on 17th December,2011.According to the agreement he was liable to give possession on January,2012.But he failed & we lodge a case on District forum (as our flat's value is less than 20 lacs). Our case started on January 2013 & ended on July,2013.
After getting the judgment from honorable district consumer forum in favor of us, our opponent (the developer) lodges an appeal to the State Consumer forum challenging that judgment.
The State forum allotted date for final hearing for the said appeal on 3rd April, 2014 (after 7 months of case registration on 21st August, 2013).
But Appellant’s (developer) advocate appear on that day (3rd April, 2014) in before of forum and told that, he had not prepared his statement, and prayed for a short date and Honorable state commission grant a new date on 7th November, 2014, (i.e again after 6 months).
Now my queries to you that –
1. How many times he (the advocate of Developer) can pray for a new final hearing date?
2. Is there any provision in the consumer protection act to protect the sufferer from unwanted delay?
3. Department of Consumer Affairs of the state Government assured in a printed leaflet that any case will be resolved and justice will be restored within 3 months to 5 months, but in our case, only one hearing date would be given by the honorable state consumer forum after 7 months, & again after 6 months only because of opponent's lawyer's ignorance. Then how many months or year(s) will it take to solve the case!!!! Then why should we go to consumer forum?
4. Why will we be punished when our lawyer was ready to deliver our stand regarding that appeal?
Our opponent and his Advocates and lawyers are using this time taking system to linger the case. Please advice us if there is any legal provision to protest in before of court when opponent’s lawyers again pray for an extension of time.
When we lodge our case in front of honorable district forum, all of our colleagues laughing on our decision, they advised me to not to go court, but this scenario changed when we get a decision in favor of us, some of our colleagues, who suffering different types of consumer affairs related problems, they accumulated there wish to lodging a complain before the consumer forum against there service provider. But now again some of them starts laughing on me.
Please sir, please give me advice & help to overcome my problem, which will encourage me and also some other people to fight against this types of unfair trade practice.
