Filing case in district consumer forum court
anil ghogardare
(Querist) 10 April 2012
This query is : Resolved
builder have executed an unregistered agreement for sale in my favour but avoiding to execute registered sale deed for same . i have paid full amount of consideration . will be an unregistered agreement is valid for consumer complaint
Raj Kumar Makkad
(Expert) 11 April 2012
No. You can still file suit for specific performance. Engage a local lawyer and fulfil the procedure before filing the case.
dev kapoor
(Expert) 14 April 2012
Hi,
Agree with Mr. Makkad.
CPA 1986 deal with:
(i) Defective Goods;
(ii) Deficiency in service,when hired on payment;and
(iii)Unfair trade practices.
(iv) Up to 20 lakh rupees claim with DF,above with State Commission or NC,as per value.
If your case does not fall in (i) & (ii) there is no inhibitation in trying the (iii).You have not to pay any court fee or else very nominal fee.Try it.
It is the contractual obligation of the OP to deliver you the building & non-delivery falls under category (ii) as well as in (iii).
Relief should be: OP be directed to deliver possession of which he has already received sale consideration,damages for mental agony/harassment and litigation charges.....
Santosh Goswami,Advocate
(Expert) 14 April 2012
Not registering the same in your name is itself a deficiency for which you can approach the consumer forum where you can pray for a direction to be passed to the builder the register the same in your name within specified time.
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