Flat ownership - builder delaying possession
Querist :
Anonymous
(Querist) 07 May 2019
This query is : Resolved
Dear Lawyers,
I need your help and suggestions on my case. I am an ex Serviceman. I am suffering as my entire financial planning has been jeopardized by Ansals API which has not delivered on a project for more than 10 years.
I had purchased a flat from Ansals API in Sector 114 Mohali in 2009, under subvention and with a written agreement of delivering the flat in 24-30 months. I was in touch with the builders office in Sector 9 CHD and they kept promising delivery from 2014 onwards.
In January 2018 I received a letter from Ansals API asking me to take possession within 7 days and also informing the bank to start my EMIs. I went and saw that the flat was in a dilapidated state (same since 2015) and it wasn't ready for possession. When I approached the builder he told me to sign on the possession first and then only he would start the work. Ansals had also defaulted on PreEMI payments for about 5 months and bank forced me to shell out that money too. I refused to take possession from Ansals and consulted a lawyer who agreed to file a case on my behalf.
The problem started from here as the lawyer had been told to file the case in the consumer forum under RERA but later he informed me that he has filed in the National Lok Adalat Chandigarh. Since I was away in southern India and couldn't come for further paperwork I decided to go ahead with it. The national Lok Adalat sent multiple reminders to Ansals but they didn't appear for the hearing. Lok adalat later passed a judgement ex parte giving me some compensation and interest on the down payment.
My questions are as follows
(a) Is an ex parte Lok Adalat decision enforceable if we file for execution? I am getting confusing answers from few people I have consulted. I do not want to file an execution through my old lawyer (he is not being transparent on his dealings and doesn't share any information. Also filed the case in the court which we hadn't discussed)
(b) What is the best way out for me in this situation?
(i)Can I file a fresh case in consumer court against the builder? this is my preferred option
(ii) If I am not satisfied with an ex parte lok adalat award, is it still binding on me when the other party is refusing to communicate at all? is there any other way out in my situation?
I will be extremely grateful if I can get a response on this query.
Regards,
S kumar
KISHAN DUTT KALASKAR
(Expert) 09 May 2019
Dear Sir,
My answers are as follows:
(a) Is an ex parte Lok Adalat decision enforceable if we file for execution? I am getting confusing answers from few people I have consulted. I do not want to file an execution through my old lawyer (he is not being transparent on his dealings and doesn't share any information. Also filed the case in the court which we hadn't discussed)
Ans: Yes, you can execute ex-parte award of lok adalath. You can change your advocate as you wish.
(b) What is the best way out for me in this situation? (i)Can I file a fresh case in consumer court against the builder? this is my preferred option (ii) If I am not satisfied with an ex parte lok adalat award, is it still binding on me when the other party is refusing to communicate at all? is there any other way out in my situation? I will be extremely grateful if I can get a response on this query.
Ans: You can challenge the said lok adalath ex-parte order and set it aside and remanded back to the lok adalath for fresh disposal on merits.
Please mark “LIKE” if satisfied by my answer.
