Consumer complaint
S.D. Singh
(Querist) 26 January 2018
This query is : Open
I booked a flat valuing rs. 30 lacs, by depositing rs. 15 lacs . As per agreement builder was required to give posssesssion within 1 year and pay interest @ 2% p.m. till possession. But builder paid interest for starting 5 months. He also not constructed the flat even after 2 years. I filed complaint in District consumer forum with prayers (i) to order builder to complete and provide possession and pay interest as per allotment letter and (ii) pay compensation for rs. 20.00 lacs for mental harrasement etc. My application was admitted and O.P. filed W.S. I also filed evidence. and the court instructed O.P. to file C.A. against evidence. But instead of submitting C.A., the O.P. filed application that since the value of flat and compensation demanded is (30 + 20 = 50 lacs ) more than 20 lacs, District forum has no power to hear the case. Please advise whether such type of application at this stage is valid . Advise what to do by me.
rajeev sharma
(Expert) 27 January 2018
Yes if the amount claimed is more than 20 Lacs then the Distt. Consumer forum has no jurisdiction.No court may order the builder to complete the construction of building if he does not have funds to do so he may be directed to return the amount received from customers and to pay the interest at he rate decided by court. If you want to get an early refund go to RERA Authority of your state. Professional guidance may be provided separately.
Dr J C Vashista
(Expert) 28 January 2018
At the time of filing the complaint value of the complaint was less than 20 lakh, only then it was admitted and notice was issued to OP; how come the value has increased/crossed 20 lakh?
Consult your lawyer or some other prudent local lawyer.
