I am not a lawyer but I am posting this for your sugession for a case of my brother.
My brother was a developer in Kolkata. He had developed a 3 storied building with his partner in a joint venture procedure with the landowners.
After completeing that project a flat purchaser named ' X' without paying the balance money which included extra works and extra area of the said flat 'X' entered in the flat with the help of local hooligans and in collusion with my brother's partner and the Land Owners.
After that the "X" filed a case in the District Consumer Forum.
Be it informed that the Land Owners had received the full amount of their Cash Consideration from my brother and relevant receipts are also there.
Also due to illegal possession my brother also had filed a police case against "X", land owners & his partner( and this also he had informed in the said Forum)
All those documents had been submitted in the forum at the time of proceedings ( But unfortunately those annexed documents had been found missing from the Forum).
But just few days ago the District Forum passed his judgement where it had mentioned
1) That the "X" is directed to execute a final measurement of the flat, But the payment for the extra works in his flat has not been mentioned in the judgement.
2) That my brother and his partner is directed to pay the cash consideration of Rs. 7,55,000.00 to the land owners( Though also it had been fully covered up and the documents had been submitted in the said forum)
3) My brother and "X" had been fined for Rs. 12000 to pay to "X".
Now my brother wants to go to the State Forum against this agreeived judgement for.
1. The amount of Rs. 7,55,000.00 to land owners is wrongfully stated as because the land owners are not entitled to get any consideration as they receved it in full.
2. To get the amount from "X" for extra works which amounts to not less that Rs. 2,25,000.00.
But since there is some confusion for how to move to State Forum I just seek for your help and suggession on behalf of my brother for
1) How to move to State Forum?
2. Shall my brother have to deposit any amount in the State Forum. If yes then how much?
Sir I shall be highly obliged to you if you could give me a suggession on this.
Thanks in advance to all of you.
Thank You again.