Execution order for court order - lg blr plot
Rayvon
(Querist) 01 March 2024
This query is : Resolved
Hello Experts
Had purchased a plot from a builder developer, who had issued a MoU to buyback the plot after 5 years. Since the builder did not buyback, filed a suit in consumer court, which passed an order for them to pay the agreed buyback amount back to buyer, and thereafter the plot will be transferred back to builders name.
The deadline for builder to comply with payment as per court order has elapsed, and builder did not comply.
Now the plan is to file a EA (execution).
Query:
How much time does a person have to file a EA (execution) petition before the court ?
What does the aggrieved party have to do during the EA proceedings ? Is it a lengthy process, or relatively easier process ?
What could the potential action that the court would impose on the builder for not complying with the order ?
T. Kalaiselvan, Advocate
(Expert) 01 March 2024
The consumer court order is clear that the builder shall have to settle the buy back amount within a time stipulated therein failing which the property shall remain in the possession of the buyer itself.
In such a situation where is the question of filing an execution petition to execute the orders of the court.
You may better go through the orders once again and confirm that if the proposed execution application would be maintainable in this situation.
Rayvon
(Querist) 01 March 2024
Probably one thing that was missed mentioning is that the builder was ordered to pay the buy back amount and some compensatory amount within 90 days, to which they did not adhere. They have not deposited any amount in the court. That is primary reason for planning an Execution application.
Therefore the original questions were:
- How much time does a person have to file a EA (execution) petition before the court ?
- What does the aggrieved party have to do during the EA proceedings ? Is it a lengthy process, or relatively easier process ?
- What could the potential action that the court would impose on the builder for not complying with the order
T. Kalaiselvan, Advocate
(Expert) 01 March 2024
You read the order properly in which there is a mention that thereafter the plot will be on the name of the builder, if he failed to pay back within the stipulated time, then the property in your possession will remain with you.
Rayvon
(Querist) 01 March 2024
That's the point that I am trying to put forward.
I completely understand that if builder does not pay money, plot will still be in my name.
But I want the buyback money, not the plot. And the builder is not submitting the money. Therefore my EA to make the builder pay the amount, and take the plot as per the order.
I hope I am able to give clarity on the reason for EA by me.
Therefore the original questions were:
- How much time does a person have to file a EA (execution) petition before the court ?
- What does the aggrieved party have to do during the EA proceedings ? Is it a lengthy process, or relatively easier process ?
- What could the potential action that the court would impose on the builder for not complying with the order
T. Kalaiselvan, Advocate
(Expert) 01 March 2024
The judgement is clear that the builder has to pay the money and take the property back within a stipulated time period.
If you are aggrieved by this judgement, which according to you is ambiguous because there's no alternative relief provided in, then you have two options, first one being an appeal against the aggrieved portion of the impugned judgement or wait for the stipulated period and then sell the property on your own if the builder is not turning back to claim the property by returning the buy back amount.
You can realise your money by directly selling the property because there's no necessity to file an EA.
