Effectiveness of consumer courts
Rohit Telang
(Querist) 23 July 2014
This query is : Resolved
Ours is a CHS in Pune.As our builder did not provide us promised amenities like Swimming pool,clubhouse etc nor did he make conveyance deed,we engaged a lawyer who filed a criminal case against the builder for not making conveyance deed.As per the lawyer going to consumer court to get the compensation is a waste of time as very few societies get proper compensation and is a very time consuming process.Instead he says once the builder gets summons from the court he will automatically come forward for settlement.Is the view of the lawyer in not going to consumer court and filing criminal case against the builder to get compensation correct? I want expert opinion on this.Our case against the builder is very strong as he has not even handed over any accounts to society nor did he come forward to form the society.We did it on our own.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 23 July 2014
1)Legally n as per MOFA u/s 4 n 11 builder has to form SOC n give conveyance to SOC.
2) You may appraoch to DY. Registrar for Deemed Conveyance.
3) I feel it is civil matter n resorting to criminal aid first may not stand.
Hope u r satisfied.
Raj Kumar Makkad
(Expert) 23 July 2014
I do not agree with the opinion of your lawyer. The violations of agreement are not criminal in nature rather of civil hence consumer complaint is the best remedy. You may definitely raise your issues with the registrar but ultimately consumer forum is the appropriate place to get remedy as desired.
Advocate Bhartesh goyal
(Expert) 23 July 2014
raj kumarji is absolutely right.Builder's coduct comes under the purview of unfair trade pratice and providing deficent services to you so proper forum to get relief is consumer court and not criminal court.
Suresh
(Expert) 23 July 2014
I agree with the Experts.
Consumer Redressal Forum is the right place to get remedy on the amenities mentioned in your agreements.
District Deputy Registrar is the concerned Authority to get deemed conveyance, at circumstance the Developer/ Builder does not co operate for conveyance of the Society Plot.
Society can send a demand notice for conveyance of the society plot and/ or file an application to District Deputy Registrar (DDR) with relevant documents. Affix Court Fee Stamp of Rs.2000/ approx.
I hope your query is resolved and consult a Lawyer for proper advice.
T. Kalaiselvan, Advocate
(Expert) 25 July 2014
Even in my opinion, a case with the district consumer forum may fetch the relief and remedy than any other court of law.
