Delay in possession of flat , complained at consumer court .
Mahabub
(Querist) 22 September 2011
This query is : Resolved
Dear Sirs ,
We booked 3 flat in G+3 building. Total no’s of flats are 6. Out of 6 flat 4 are builder allocation flat & 2 no’s land owner allocation flat. We are 3 associate (applicant) who did the sale agreement with the builder (booked the flat) for builder allocation flat. The sale agreement with builder made on different date with the different associate & date of flat delivery was also different.
Date of delivery was Dec 2009 for associate 1, Feb 2010 for associate 2, June 2010 for associate 3.
We did the sale agreement on Rs. 10 / 20 stamp paper. Till date we have paid almost 80 %– 90 % of the total flat value base on that agreement. We paid as when builder demanded for money.
As of now builder has not completed the building & could not handed over the flat to anyone, even land owner is also suffering same way. It is already 1 yrs 9 month over from committed date of delivery.
Jointly We (three associate) logged complain against the builder & landowner (as landowner is a confirming party in sale agreement) at State Commission (State Consumer Disputes Redressal Commission),
We jointly appeal at State Commission (State Consumer Disputes Redressal Commission), the reason of appeal at state commission was
A > our total flat value (jointly) is around 32 Lac (Applicant 1 flat value is 11 Lac / Applicant 2 – 12Lac / Applicant3 – 9.5 Lac).
B > All applicants have same interest, cause of action same,
C> same building & builder (opposite party) is also same.
State commission is accepted this complain & it is running at state commission
As of now Completed 8 hearing, we have submitted the evidence & opposite party suppose to submit the questionery at the next hearing. Interm order passed on 3 flat by state commission for not to sale / any transaction.
At this stage Opposite party (builder) submitted the petition & Appeal for hearing on the following points.
---------------------------------------
1. The sale agreement made on 10 Rs. Stamp papers, so we have not followed the Indian stamp duty act, so agreement is not valid & requested to cancel the agreement at court.
My question: - Base on that agreement already we have paid 80 % – 90 %, now can court reject this agreement or can this case dilute in future base on this appeal. Is this agreement valid in view of court / law?
-----------------------------------------
2. Builder Challenges that we are not consumer at all.
My question: - In view of consumer protection act / Law, are we not really consumer here?
----------------------------------------
3. Builder challenges that we cannot jointly log complain at state commission.
“ Our total flat value is around 32 Lac ( Applicant 1 flat value is 11 Lac / Applicant 2 – 12Lac / Applicant3 – 9.5 Lac ) , all applicants have same interest , cause of action same , Same building & builder is same “
Due to above reason consumer forum suggested to log complain at state commission not to district commission for faster solution & state commission is accepted this & case is running .
My questions :-
Have we taken right approach to log complain in state commission?
Is opposite party right?
Can we not log complain jointly at state commission in our scenario?
At last moment (at final hearing) is there any chance that state commission can give direction to go lower court on base of their appeal.
----------------------------------
If you kindly give your inputs ..
ajay sethi
(Expert) 22 September 2011
repeated query
Mahabub
(Querist) 22 September 2011
Dear Ajay Sir ,
I have given deatil about my problem & raised few question on the same . It is my request to you . you pls go through once & given your valuable inputs .
Raj Kumar Makkad
(Expert) 22 September 2011
1. You all are consumers as per CP Act,1986 as amended up to date.
2. No.
3. You can approach and there are little chances to get the order as anticipated.
M/s. Y-not legal services
(Expert) 22 September 2011
Your case already admitted. If you not covered under consumer act mean your case will not be numbered.. Then already makkad sir cleared your doubts..
Mahabub
(Querist) 27 September 2011
Thank you for yours valuable inputs .
