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Mehar Saini (Propritor)     16 April 2013

Adjourn by consumer court .

Dear Sir, Cases has been filed against the builder in consumer court, Pune for handing over of Possession of Flat and compansation, as there is no work at site for last 2 years due to financial problem of builder.

Notice was sent by consumer court  to builder on 21st  Jan 2013. builder was to submit written version by 25/02/2013.   on 25 Feb builder appeared and asked time to submitt reply , next date was given 26th Mar 2013. on26th Mar 2013 their advocate appeared and again asked time to file reply. next date was given of dated 15 th Apr 2013. Again on 15th Apr next date given to file written version with cost of Rs 500/-  for dated 13th May.

builder is trying to delay the case, therefore so far he has not filed reply. we dont want again builder do same thing during next date even with cost.

So I want to know what we should do during next date so that the builder should not get any more time to file reply. 

Is their any ruling of National Comission or Supreme court which can be quoted?

Regards

MC Saini



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 April 2013

Nowadays normally court is not giving dates more than 3 times in civil cases.

Advocate Bhartesh goyal (advocate)     16 April 2013

As per sec 13 of C.P.Act,opposite party has to submit the reply of complaint within 30 days of receipt of notice from  Forum and 1Forum can extend 15 days more.move an application before consumer forum and pray that right to file reply be forfieted/closed and case may be put for petitioner evidence. 

 

13. Procedure on Receipt of Complaint

(1) The District Forum shall, on receipt of a complaint, if it relates to any goods, -

(a) refer a copy of the complaint to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum


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