Prayer before the national consumer commission
TR Madhavan
(Querist) 12 December 2011
This query is : Resolved
As there was breach of sale agreement between the builder and the buyers, a consumer dispute was filed before the State Consumer Commission for providing amenities etc as per the sale agreement and other technical approval of the municipality in the year 2006. The Commission passed necessary orders in favor of the buyers in the 2009 for providing fire safety measures and other amenities. The builder has gone for an appeal against the orders before the National Consumer Commission in the 2009 which is pending.
After filing the dispute, in the 2007 the buyers came to know about a case (original suit) in lower district court between the builder and municipality on grave violation of approved plan of the building, the orders were passed in favor of the municipality. The builder again went for an appeal against the orders in the highest district court. This was confirmed to the buyers by the municipality officially in writing.
The builder’s appeal suit also got dismissed recently in June 2011. The municipality has the rights to take action against construction as per the prevailing rules. The buyers have obtained the Xerox copies of the case submissions and order both original and appeals suites between the buyer and municipality.
Earlier due to pending case in the court municipality instead of penalizing the builder asked the buyers to pay penalization fee for regularizing the construction occupied. The buyers applied and regularization issue is pending before the municipality.
As the builder kept rights of the terrace with him as per the sale deed. He being the sole owner of the area under the terrace did accept in writing in his original suit submissions (in the case between the municipality and him) that, there are grave deviations and ready to pay penalization fee to regularize the same.
As the case is pending before the National Consumer Commission and final hearing date is yet to be fixed, can the buyers write to the registrar and pray before the National Commission in the interest of justice and on above grounds with a request for dismissal of the appeal, asking builder to regularize the constructions at his cost as well as comply with the orders of the state consumer commission?
Will the National Commission consider the buyers submissions (basing on Xerox copies sent by us) and give necessary reliefs?
ajay sethi
(Expert) 12 December 2011
you can at the time of arguments of your appeal before the national commission draw attention of the Comission to order passed bydistrict court and appellate orders .
you can also make an application that you desireto file additional documents namely orders passed by various courts .
you cn also file an suplemetray affidavit placing these facts on record .
the national commission will consider the said judgement and pass necessary orders as it deems fit
Advocate. Arunagiri
(Expert) 12 December 2011
You can argue based on the xerox copies, but the burden will be on you to prove the genuinity of the document.
Raj Kumar Makkad
(Expert) 14 December 2011
I have similar opinion as expressed above.
Sailesh Kumar Shah
(Expert) 14 December 2011
Get certify copy from that court and submit the same.
prabhakar singh
(Expert) 14 December 2011
I have similar opinion as expressed by Kr. Shah
