Execution Petition in State Consumer Forum
Sridhar
(Querist) 16 February 2010
This query is : Resolved
Dear All,
I recently posted many queries on this forum and i posting another one again as it seems all my worst fears have come true.
We(me and my wife) hold a decree(attached in this message) which directs the builder to register the property or refund the money in one years time as he was unable to register the same because of a high court stay order the property.After one year he started demanding huge amount of money as dues.Our first EP was dismissed based on the mere statement of the builder saying that he is ready to register the flat without even considering that high court stay order is still in force.
We filed a second EP and arguments have been concluded on 28/01/2010 and judge clearly stated in open court that "posted for orders on 15/02".Even the website was reflecting the stage of the case for 15/02 as "judgement" till 12/02.After that all of a sudden it has been changed back to "hearing".And y'day when my advocate questioned on why the status has changed when the case is posted for judgement, judge said "you don't need to worry lets argue the main matter".
We had argued the same matter again for the second time on 15/02(first time on 28/01).Here are few of questions on the same
1.Although the order is consensual,judge is asking why we didn't submit a memo saying we(both DH and JDR) agreed for it.Earlier order clearly indicates a consent order but doesnt explicity mention.
When no memo of any kind is asked,was it necessary to submit it for all consent orders?
2.When builder was questioned why didn't he challenge the decree when it has been passed in 2008 and why is making all these claims now, he said all these amounts were not discussed at that time and also he was not aware that court requires all the related dues to be discussed at once. Will the court listen to his stories?
Decree doesn't mention any thing about any other dues except for stamp duty but the fact is all the dues have been discussed which is evident from our complaint and his own sworn in affidavits.
My question is What if the court fails to notice the same and gives us another order mainly based on the decree and builders claims without looking into the actual complaint?
3. What are the alternatives for us to appeal/challenge this? Can we challenge the same in state forum or we need to file it in national forum or civil courts?
4.My advocate says that raising the point that Executing court have no jurisdiction to alter or amend the decree will adversely affect us as it depends on how the forum perceives it.Not sure what can be done here?
5.Even though there is a high court stay order on alienation of property,builder says he can register it.When we demanded document showing that high court stay order is vacated,forum said nothing is mentioned in the decree and so we are not entitled to ask the same from builder.
We want to bring to the notice of the forum that he cannot register.
What is the best remedy for this kind of situation.My advocate says only civil courts have jurisdiction.But in this case since we have already proceeded with consumer court,can we go back and file a civil case. Please suggest me
Regards
Sridhar
Sridhar
(Querist) 16 February 2010
First EP which was dismissed is attached.
