Need advice on consumer court jurisdiction
Querist :
Anonymous
(Querist) 09 May 2011
This query is : Resolved
Dear Sir,
Please help.
My lawyer has informed me that, before hearing of my case, a similar other case came on table, wherein the hon'ble judge of state forum expressed that, 'the matter related to flat possesion does not come under perview of consumer court and court is not here for giving flat possession order, and that consumer court orders are limited to compensation for defects, deficiencies, mental agony, etc.'
So, based on this my lawyer advises me to file a suit if I want flat possesion.
I have read citations on this platform and also few media news about Consumer forum orders on flat possession matter. However, what my lawyer tell and advice me, does contradict with this.
As, I am unsure of the validity of my lawyer's claim on the issue, I would appreciate if learned counsel in this forum has any say in support or against this issue.
Thanks.
Guest
(Expert) 09 May 2011
Consumer forums are meant for CONSUMER RIGHTS in connection with deficiency in services or consumer goods only, not for the property law. The consumer forums if accepted some property cases the same might be in connection with the deficiency in services on the part of the developers of properties/flats.
Querist :
Anonymous
(Querist) 09 May 2011
Dear Mr PS Dhingra.
Thanks for your kind reply. But, this is the case of delayed flat possession by the builder for an under construction building, for which 95 percent is already paid. Complaint is filed for getting the said flat possession together with compensation for damages for delay.
Please advice further.
Guest
(Expert) 09 May 2011
SIR,
KINDLY NOTE THAT.
1.YOU MAY CAREFULY DRAFT YOUR MATTER AND SUBMIT THE SAME TO THE CONSUMER COURT WHICH WILL COST YOU MUCH LESS AS COMPARED TO CIVIL SUIT.BECAUSE CIVIL SUIT YOU HAVE TO PAY CONSIDERABLE COURT FEE STAMP.
2.YOU MAY FILE THE MATTER IN CONSUMER COURT BY MENTIONING ALL FACTS AND ALSO CLAIM DEFICIENCY IN SERVICE.LET THE COURT DECIDE.
GOOD LUCK.
Devajyoti Barman
(Expert) 09 May 2011
In Bengal this type of cases are very much entertained and disposed of by the Consumer Forums.
Querist :
Anonymous
(Querist) 09 May 2011
Thanks a lot to Mr Sawant and Mr Barman for firm answers.
As such, I will wait for the consumer forum to decide my flat posession matter on merit of the facts and applicability of Act. Currently, forum has reserved the reply about flat possession matter until next hearing date of 30 June. Also, I will inform my lawyer about my unwillingness to file civil suit on the matter.
Thanks a lot again.
M/s. Y-not legal services
(Expert) 10 May 2011
You are also covered under the word consumer. I mean you are also one of the customer. So you are entitled to claim remedy before consumer disputes redressal forum..
