Vitthal (IT Consultant) 18 July 2009

powers of consumer court vis-a-vis Stay orders

We have a dispute with our builder. He is trying to build a building at a place which was supposed to be a garden as per the original lay out plans.
We have already sent him a legal notice to which he has not responded. Now we have decided to go ahead & file a case against the builder. We have been advise by our lawyer to go to consumer court. I have following queries about this
1) If we go to consumer court do the consumer courts have the powers to give a stay order to stop the builder from going ahead with the construction.
2) We have got mixed reactions about this. Some lawyers say the consumer courts have the powers of stay order & some say they don't. This has really got us confused. Do we have any documents on internet which would give the correct answer to this query ?

please advise

regards

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3 Replies

Kiran Kumar (Lawyer) 18 July 2009

well friend, in my opinion also this matter is not fit for consumer litigation.

its a civil matter and will need voluminous evidence both technical and otherwise, consumer courts are not meant to deal with such issues.

better u move an application before the local civil body or municipal corporation and inform about the viloations being made by the builder, they will take necessary action as per law. becuse every builder has to get the site plan passed from town planning department of such department as has been appointed for this purpose.

if the govt. authorities fail to act then better u file civil suit for permanent injunction.

Vitthal (IT Consultant) 19 July 2009

Thanks Mr. Kiran Kumar,

We have already moved an application to the Municipal corporation to which they have not responded. As per our knowledge the builder has built some buildings for the corporation free of cost & in lieu of that they have given him extra FSI. Hence both parties being hands in gloves with each other we are not going to get any respite from the municipal corporation.

I got more confused because our lawyer was time and again insisting on Consumer forum.

thanks again for clearing the confusion.

Adv. Lalit K. Jhunjhunwala (Lawyer) 23 July 2009

Dear Mr. Vitthal

Try this. This may solve your problem:

1. Move a questioner under Right ot Information (RTI) asking for day to day progree on the complaint filled by you with the local Municipal body.

2. Move another RTI questioner to local body asking for copy of the latest sanctioned paln for your survey number. Also ask for commencement Certificate. See if the building being constructed is sactioned or not.

3. Ask Garden Department and Fire Department of your local body as to wether its NoC have been obtaned before sanctiong the prsent plan.

This will force the authorities to respond to you and all the matter will be clear. We have tried this in one of our cases and it worked.

Also other wise you need to approch Civil Court as stated by Mr. Kiran. Consumer forum may pass the stay order but it is very rare that the builder will pay heed to it. A stay from Civil court on the construction will be a good remedy for you.