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Consumer court - interim relief

(Querist) 01 July 2018 This query is : Resolved 
Can I submit an application of Interim Relief on the second date at National Commission against the builder

What are the points/matters/provision will the court consider while granting the relief?

Brief facts of the case are mentioned below ( in response / reply 1)
J Shah (Querist) 01 July 2018
Builder 1 entered into agreement with my grandmother in 2005
For redevelopment and providing flat on same plot of same area
We vacated the premises
Later builder made similar agreement with occupants of adjecent building structured on next/adjecent plot
Then he amalgamated plots for joint development without consent.
He constructed a small building on the rare side of merged plots and shifted occupants to that building with force.. coercion... Influence... Misrepresentation and threats..
We moved to that flat on misrepresentation made by developer that our flat as per agreement is under construction and we will be shifted there as and wen that is constructed
Later developer gave development rights to builder 2
In that agreement they mentioned that builder 1 has given permanent accommodation to all the tenants.. and mentioned that any right and liabilities towards occupants shall be of builder 1 alone...
Builder 2 by that development agreement and by purchsign TDR started to construct hospital without any consent of occupants...
Hospital constructed and leased...

At NC I have established
Continuing cause of action..
As.. because as per agreement I have not been provided flat.. on same plot... On 1st floor with block no 5..
So demanded monetary consideration
Kishor Mehta (Expert) 01 July 2018
It depends on the terms of the registered agreement with the builder.
Ms.Usha Kapoor (Expert) 02 July 2018
I Agree with Kamakshi
Ms.Usha Kapoor (Expert) 02 July 2018
I agree with Kamakshi.
Ms.Usha Kapoor (Expert) 02 July 2018
I agree with Kamakshi
J Shah (Querist) 02 July 2018
Refer Provision S13 3B of Consumer Protection Act, Which talks about INTERIM RELIEF
Ms.Usha Kapoor (Expert) 03 July 2018
i AGREE WITH kISHOR mEHTA.
Ms.Usha Kapoor (Expert) 03 July 2018
I agree with Kamakshi.


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