Can I approach consumer court?
Querist :
Anonymous
(Querist) 07 February 2011
This query is : Resolved
I booked, 2-3 years ago, a commercial shop in one of the upcoming malls in Gurgaon developed by a known builder.
I have made 100% of the payment. The mall is now ready but the size of my shop is about 5% smaller. I have been asking the builder to refund the excess amount but there is no response from the builder on my emails and registered letters.
* What can/should I do?
* Can I file a case in consumer court for refund of my money? The cost of the shop is about 30L and refund is about 1.5L
Thanks for the suggestions and legal opinion.
A V Vishal
(Expert) 07 February 2011
Yes you can approach the Consumer forum and complain against the errant builder.
Sachin Bhatia
(Expert) 07 February 2011
Yes you can file a consumer complaint against the builder.
Querist :
Anonymous
(Querist) 07 February 2011
Someone told me that cases only upto 5L can be filed in consumer court. Is it right?
How does it relate to my case?
As mentioned, cost of the shop is 30L but refund is 1.5L.
PJANARDHANA REDDY
(Expert) 08 February 2011
Pecuniary Jurisdiction
* In cases where the value of goods and services involved is less than Rs. 20 Lakhs in value, you will have to file the complaint in the District Forum constituted in the specified districts of a State.
* In cases where the value of goods and services involved is more than Rs. 20 Lakhs in value but does not exceed Rs 1 crore you will have to file the complaint with the State Commission constituted in the capital cities of the different states
* In cases where the value of goods and services involved is more than 1 crore in value then you can file a complaint with the National Commission which has been constituted only in New Delhi.
N.K.Assumi
(Expert) 08 February 2011
Well said and done nothing to add.
Guest
(Expert) 08 February 2011
I agree with Mr. P JANARDHANA REDDY
Parveen Kr. Aggarwal
(Expert) 08 February 2011
I disagree with the above views. You are not a consumer as per definition of "consumer" given under the Consumer Protection Act, 1986. You cannot file a complaint under the Act. However, you may file a civil suit for recovery wherein you may claim damages also.
Guest
(Expert) 08 February 2011
Mr. Praveen`s view is worth considerable as the meaning of ,'Goods' assigned in this Act are goods as defined in the Sales of goods Act 1930 and the provisions of Act are also not attracted where goods obtained for commercial purpose.
Querist :
Anonymous
(Querist) 08 February 2011
Do you propose me to still try to file the case in consumer court and leave it to the judge to accept or reject the case?
Am I right/wrong that cases in consumer court are decided much faster than civil court? Could there be any other advantages (for me) by filing the case in consumer court than civil court?
Another interesting aspect is that although the mall is in Gurgaon the builders office/registered address is in Delhi. And as such all cases should be in Delhi court(s), irrespective of the criteria mentioned by Sir PJANARDHANA REDDY. Right?
Thanks in advance for the legal opinion.
Chanchal Nag Chowdhury
(Expert) 08 February 2011
Doesn't matter where the builders' office/registered address is. Since the shop is in Gurgaon, U may file the case there.
Querist :
Anonymous
(Querist) 08 February 2011
The documents from the builder state following.
"Suject to jurisdiction Delhi only"
And I am sure this is not a unique case. All contracts etc. always state that jurisdiction can happen in such and such city (irrespective of the physical location of the goods, services, products (shop/mall in this case)).
Thanks in advance for clarifying.
