File a case in state consumer disputes redressal commission

Nagendra PAnda (Querist) 04 February 2016 This query is : Resolved
Dear Lawyers,
I had booked a flat in May 2011 and the flat to be complete by Nov 2013 as per the agreement. But the builder delaying in complete the construction work and giving no assurance to complete. Rather demanding more money. Now I want to file a case against the builder in consumer forum and want to claim my money. I know I had delayed to file the case, as I was expecting that the work may be start and would be complete. Meanwhile I was also out of the state due to my transfer. Our flat association was also trying to pressurize the builder and I was hopeful. but nothing has improved. So I have decide to seek the help of consumer forum. I have contacted few lawyers in such regards, but either they are charging a lot or denied to takeup the case considering the influence of the builder. So there was some delay. But now I have prepared my mind to file the case on my own. In such connection I had already issue a notice to the builder stating the claim amount with sufficient reason to do so. But before present the case to the consumer court I want to make my documents ready.I have to write a Application for Condonation of Delay as 2 years has already has passed from the date of commitment. Kindly some one please help me with a dead copy of condonation of delay. Again please state should it be in the format of affidavit or separately from affidavit. And does it be typed in any stamp paper or plain paper?
Your suggestion will be highly appreciated
Regards
Nagendra
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Devajyoti Barman (Expert) 04 February 2016
There is no need to file condonation of delay petition.
Refusal to adhere to the terms and condition of the agreement has recurring cause of action and hence passing 2 years is no no consequences here.

Nagendra PAnda (Querist) 04 February 2016
Thanks Mr Devajyoti for the comment.
Does it is really not required in such cases? If so, good. Because some one instructed to have one. Thats why I am inquiring about this. Any way, regarding other documents, what I could find that I have to produce (i) Complaint (ii) list of documents (iii) copy of the documents (iv) Affidavit (v) Demand draft or IPO of require amount
Does this much ok? If so, then please state the right order to place in the complaint file.
Regarding the complaint letter, should it be typed in any plain paper or any non judiciary stamp paper.
A
gain regarding the 'List of Documents' will it be like an index to quote the sequence of the document with page number or what ?

Kindly Suggest.
Regards
Nagendra

Rajendra K Goyal (Expert) 04 February 2016
Better take assistance of professional who would be able to file your complaint in a better and professional way as per procedure, would be able to face builder's lawyer in legal arguments.