Regarding my case in district consumer forum
Venkata Krish
(Querist) 23 April 2015
This query is : Resolved
Dear Sir,
I have filed a case against builder in district consumer forum hyderabad for not handing over the flat on time and the case stage is at evidence affidavit of opposite party. As of now two IA's are penidng in the court. Need your advice on that.
One IA is i have asked the forum to appoint an advocate commissioner to inspect the property as the builder locked the flat and not allowing us to enter the flat and abused us in a phone call. But judge is saying that forum is not having limits to appoint advocate commissioner and asking us to visit the premises and take the photos and submit the same. what should i do here? IA is not yet dismissed.
2. The builder has delayed the construction abnormally and he supposed to hand over by May 14 but till date its not handed over. Builder did not add any penalty clause in the agreement incase of delay. what should i do? will Forum have rights to grant releif even though clause is not included in the agreement of sale?
Request you to suggest on the above two queries i have.
Thank you.
Devajyoti Barman
(Expert) 24 April 2015
1. The forum has enough power to appoint advocate commissioner. in fact is regularly done. H wonder how the president who is a judicial officer may have said this.
2.Yes, the forum will grant you enough damages to make good the pecuniary loss.
Venkata Krish
(Querist) 24 April 2015
Madam thanks for your advice. I have few more questions.
1. How can i force judge to appoint advocate commissioner. He is saying you should have asked for engineer appointment then i could have appointed. How to handle the situation. I have not added to appoint engineer in the IA. What should i do if he denies to appoint advocate commissioner.
2. I have asked for only bank interest repayment by the builder in the prayer. Can I ask for rent damages as well. If so how can i do that. I have given an amendent to prayer to grant punitive damages but did not add rental damages thinking that only one can be asked. How to handle this now.
3. Builder lawyer from almost 2 months dragged the counter filing for IA and now he is saying flat is ready you can inspect the flat. However we had a quarrel with builder and he threatened us. How to handle this situation now.
Venkata Krish
(Querist) 24 April 2015
Madam thanks for your advice. I have few more questions.
1. How can i force judge to appoint advocate commissioner. He is saying you should have asked for engineer appointment then i could have appointed. How to handle the situation. I have not added to appoint engineer in the IA. What should i do if he denies to appoint advocate commissioner.
2. I have asked for only bank interest repayment by the builder in the prayer. Can I ask for rent damages as well. If so how can i do that. I have given an amendent to prayer to grant punitive damages but did not add rental damages thinking that only one can be asked. How to handle this now.
3. Builder lawyer from almost 2 months dragged the counter filing for IA and now he is saying flat is ready you can inspect the flat. However we had a quarrel with builder and he threatened us. How to handle this situation now.
T. Kalaiselvan, Advocate
(Expert) 01 May 2015
To your subsequent questions:
Ask the forum to dismiss the IA. do not withdraw by yourself, you can file revision before the state commission on it.
You can amend the complaint even now
The OP's lawyer will adopt all such tactics, ask your lawyer to press before the forum on this.
