Consumer case
Venkata Krish
(Querist) 24 April 2015
This query is : Resolved
I have filed a case against builder in district consumer forum 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 pending in the court. Need your advice on the following 4 points.
1. 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 powers 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.
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. 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?
3. 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 amendment 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 before filing the case as he threatened us. How to handle this situation now.
4. Can I ask the builder to hand over the keys of the flat in the court so that we can go and inspect the flat? Also can we deny the possession till a copy of occupation certificate given by municipality is given to us?
Request you to give an elaborate answer on how to handle the above situations in the court.
Thanks,
Prasad.
P. Venu
(Expert) 25 April 2015
The consumer court has no powers to appoint an advocate-commissioner under local investigation. However, the forum can authorize an expert, specialist, skilled person or any other person of a like nature if the forum considers that their opinion may be essential for proper adjudication of the dispute.
Venkata Krish
(Querist) 25 April 2015
Can you please answer other questions as well
Dr J C Vashista
(Expert) 27 April 2015
You have opted for wrong forum i.e., DCDRF if you wanted appointment of LC. The consumer fora has limited power to adjudicate and no power to appoint LC, as advised by the experts hereinabove, I agree.
File a separate suit for specific performance, seek an interim injunction and ask for appointment of local commissioner from the civil court.
T. Kalaiselvan, Advocate
(Expert) 02 May 2015
You have repeated the same query in a different thread, you can visit that thread for knowing more answers to the same questions.
