Can consumer courts grant interim releif?

Puneet Gupta (Querist) 13 January 2014 This query is : Resolved
Dear all

Are consumer courts allowed to grant interim relief? If yes, do they normally do so?

Regards

Puneet Gupta

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SHIRISH PAWAR, 7738990900 (Expert) 13 January 2014
Consumer court can grant interim relief. State full facts of the case. You have to appoint an advocate.

Rajendra K Goyal (Expert) 13 January 2014
Academic query, state facts.

Devajyoti Barman (Expert) 13 January 2014
yes
academic query.

Puneet Gupta (Querist) 13 January 2014
Facts of the case are as under:

A builder took a large amount of money from me for booking a plot. We entered into a contract that if he couldnt allot me the plot, he would refund my money with compensation.

As a matter of fact, this builder never had the requisite land or statutory approvals. As per my contract,my refund is due now. However, the builder is refusing to refund the entire money.

I am going to the conusmer court. Since the amount involved is very high, I was wondering whether the consumer court could grant me interim relief (as signed in contract) before giving a final verdict on harassment and deficiency in service.

Please advise..

Devajyoti Barman (Expert) 13 January 2014
No in this given situation you would not be given any interim amount before passing final decision.
Interim reliefs are indeed granted but not relating to monetary issues.

Advocate. Arunagiri (Expert) 13 January 2014
I go with Mr.Barman.

Puneet Gupta (Querist) 13 January 2014
Considering the fact that the contract is very clear on payment of certain amount of money, I think that the consumer court can at least ask the builder to refund the original amount paid by me and then proceeds with the hearing of matters relating to deficiency of service and its compensation, etc..

What do u think..