Mohan
(Querist) 06 June 2012
This query is : Resolved
Resp. Sir,
It is mentioned in my SA that builder shall complete all statutory formalities and convey flat by 30/06/2009. I have paid Full Consideration. To this day he has not been able to do the Sale Deed bcoz the BBMP has refused OC to the building. He keeps saying that he is trying his best and is making every one wait indefinitely. There is also a penalty clause in SA which he is not honouring. In the meanwhile he has given possession of flat and I am living without any documents like khatha, sale deed etc., The owners of the land are threatening to evict me.
Now my question is whether this case will be barred by limitation at NCDRC? Value of suit > 1 cr. How to calculate limitation period in this case?
I cannot afford to go to civil court paying heavy court fees, delays etc.,
Please help me. If you have any citations pls send to me urgent.
Devajyoti Barman
(Expert) 06 June 2012
You can files the case in the consumer forum now. It has continuing cause of action.
Shonee Kapoor
(Expert) 06 June 2012
Agreed with Ld. Barman.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
ajay sethi
(Expert) 06 June 2012
in consumer forum you dont have to pay court fees . file case against builder for deficency in service in failing to give occupation certiicate and refusing to give sale deed
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup