Builder delay completion- ncdrc hearing delayed

Naveen (Querist) 23 September 2017 This query is : Resolved
Dear Sirs,

We as a group have filed in NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (NCDRC).

The case is accepted by court 3 weeks back but the first case hearing was given exactly six months later. This is very late as the builder has stopped construction diverting funds and we wanted urgent court intervention instructing him to start the construction. Court is issuing notice to builder to appear. Lawyer says lets us wait for the response of the builder and then request for early hearing. Then another issue is the NCDRC staff have not send the notice to builder even after 3 weeks of taking the case.

My queries are as follows.

1. Is there any guideline that the court has to give hearing within so many weeks or so? Or is it that the court will give any date, we have to just accept.

2. Is there any guideline that court should dispatch the notice to respondent within so many days? Or is it also their mercy?

Kindly advise.

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P. Venu (Expert) 24 September 2017
Had you sought any stay/imterim orders from the Forum?

Rajendra K Goyal (Expert) 24 September 2017
What was the relief sought by you?

NCDRC is over burdened still it is able to decide cases in or about 2 years. Procedure has to be followed and the same take time.

In my knowledge it is fastest avenue to seek relief.

These days, if the consumer seek possession, NCDRC is allowing 8% interest for delayed period till possession, if want money back it is giving compensation @10% interest for money paid. It is big relief.

Guest (Expert) 24 September 2017
Only your Advocate could help you by making necessary representation in the concerned Court

Dr J C Vashista (Expert) 25 September 2017
I agree with expert Mr. Rajendra K Goyal.
You will appreciate the fact that being over burdened with cases (especially against builders) and other routine appellate/original NCDR Commission business and limited resources it is compelled to give such long date for next proceeding.

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