Aritra Show (Student) 17 April 2014

Query related to a consumer case against builder

Hello all,

I had filed a case in consumer court against a builder who had constructed my house. Few days back the OP i.e. the contractor submitted the written argument in the court. While going through the argument I noticed a point in which he stated that the valuation of my house is 33 lakhs and he did the valuation after the summon received from the court. While in my petition which I had submitted that the value of my house is 15 lakhs however I don't have any valuation certificate till now. But, he had arranged a certificate of 33 lakhs i don't know how. Even no valuer had came to my house for the above said purpose. Now, my ques are:

1. Do court accept any valuation certificate or only cerficate furnished by specific valuers are entertained like CAT 3 or something( I don't have any idea regarding valuer type it will very helpful if anyone tell which type of valuer particularly court accepts)

2. If I do my house valuation by any valuer in current date will this be accepted in the court?

Note: I had the agreement with the contractor for the construction of my house in 2009 that means as per 2009 schedule. Now, when he had told that my house value is 33 lakhs he nowhere mentioned that according to which schedule whether as per current schedule or as per 2009 schedule.

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 20 April 2014

What is the sale consideration amount as per the sale agreement?, If that says that the value is lesser than what the builder quotes now, you have a very good ground to challenge his statement and have fair chances to win.

Aritra Show (Student) 20 April 2014

Sir, Thank you for ur reply.

As per agreement my ground floor costing is around 8 lakhs. But, the problem is that I don't have any agreement for first floor. However, it has been accepted by the contractor in his written argument that the first floor was constructed in the same rates. but he is blaming that I have not paid him for the extra works & demanding 22 lakhs in which 17,31000 I had already paid. It is also beng noted that, I had already paid him for the extra works.

Sir please tell me what are my chances to win the case?

Adv D P Jindal (Advocate) 15 May 2014

Dear,

First of all you have to tell or show on what basis or agreement he constructed your house. On going through the agreement, your plaint, his reply etc.,one can guide you properly. For free consultation you may forward these at advdpjindal@gmail.com

shyam ji srivastava (PRACTICING LAWYER) 18 April 2015

Value for the purpose of the consumer case depends upon the letter of allotment and thereafter agreement if any. so if your allotment letter shows that value is 15 lac then don`t worry. contest it strongly and it will be better to engage an local practising advocate who has knowledge about consumer law.

with best wishes

Shyam Ji Srivastava

Advocate

Kanpur-UP

09839028040