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Seeking advice on where to file a consumer case

(Querist) 31 August 2016 This query is : Resolved 
Hi Experts,
I have booked a studio appartment in 20Lakh in 2013 and made 95% payment in instalments. The possession date for me is July 2016. The property is located on Yamuna expressway(Greater Noida) Techzone SEZ. The land is commercial. The builder has head office in delhi.

Please advice on below points:
1. there are 10 other buyers with me who all want to file the case as a GROUP. Can we file the case as a group in NCDRC(National Consumer Disputes Redressal Commission)? As total amount becomes 2crore 20Lakhs.

2. Can the NCDRC reject our case as we have filed case as a Group? And ask us to make an Association first to file the case again? Is it necessary to make an association to file case??

3. The builder promised to give assured return of 12% annual till possession. But has stopped the return since Sept 2015. The construction work is stopped and only 5% total construction is done. The possession date for me & other 7 buyers is July 2016. But for remaining 3 buyers possession date is Sept 2017. Can those 3 buyers also demand for Refund in same consumer case based on the ground of Assured Return default or on which ground?? Or they have to wait till the possession date passed(sept 2017) and later join us in same consumer case?

4. Can Some buyers who booked shops in same property be joined in same case for Refund?

Please advice. Thanks
Raj Kumar Makkad (Expert) 31 August 2016
1. Can file in a group but not before NCDRC as the jurisdiction vests in DCDRF which has power to take the case upto 5 crore now.

2. Refer reply against point no. 1

3. Yes.

4. Yes

New Act dealing with the property issues has come and is expected to be notified within some days. It shall be better to wait for that Act to come in force.
H Patel (Querist) 01 September 2016
Thank You! Makkad sir for the clarification.
As a follow up query, I have following questions:

1) There are 10 DCDRF in delhi. so in which DCDRF I can file case? The builder has Registered Office in Nariana, Delhi and Corporate office in Sector 16, Noida.

2) Now more buyers are ready to file the case for Refund. So in that situation, Can we file 2 separate consumer cases(for Group of 20 people each) in DCDRF?? For each case, the total amount will be 4 crore. Will the Court combine these 2 cases together in future(but in that sitation Amount will become 8 crore)?

3) If all 40 people want to file the single case before NCDRC, Can it be done as Group (without making an Association)??

4) In MOU, there is a clause of Arbitration from builder. Will it Stop us to file case before NCDRC/DCDRF?

Please advice.
Kapil Chandna (Expert) 05 September 2016
Sir,

Please call Nitish Banka at 9891549997 ... He is an expert in Consumer Cases and he will file it for you. Give him my reference.

Warm Regards
Kapil Chandna Advocate
9899011450
Rajendra K Goyal (Expert) 28 September 2016
Replied at:

http://www.lawyersclubindia.com/experts/Please-help-regarding-consumer-case-614606.asp
Raj Kumar Makkad (Expert) 28 September 2016
You can be benefited from the link given above.


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