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VIJAY KUMAR (SELF EMPLOYED)     12 November 2021

Appeal in supreme court againstorder of ncdrc

Recently I won a case against builder in NCDRC and got delay compensation since 2012 till possession (possession was offered in Dec 16 without any delay compensation for delay of 4 years so it was refused to take possession)

In this case rest amount of Rs. 5,76,000 to be paid at possession time which was increase to Rs 17,00,000 by increasing maximum balcony area (above 70% when apartment as per agreement had less 10% balcony area)

After order of NCDRC, Commission also dismissed (didn’t bother to go through) Review Petition for following genuine points:

  1. Govt. levies with possession should have been applicable till possession time e. 2012 but no clarity in order (Circle Rate in Delhi was increase in 2014 builder will charge as per 2021 rates)
  2. To waive off unfair increased demand on the basis of unfair/unjustified appreciation of Super Area from 1420 SF to 1579 SF

Builder neither giving possession nor filing appeal in Supreme Court trying to waste time to pass 31st Dec 2021 of 20% circle rate discount

I can’t file execution petition in NCDRC then would not be able to file appeal in Supreme Court.

I am filing little late because matter was given to a counsel one month back but nothing happened perhaps due to lack of hands or work load.

I handled the matter in NCDRC as Authorised Person as NCDRC allows it but in Supreme Court only party in person or a counsel can file.

Please suggest.

 



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 November 2021

Under Article 32 of the Constitution of India any person can file a Writ Petition in the Supreme Court of India seeking to protect his/her fundamental rights, guaranteed by the Constitution of India. Any person can directly approach the Supreme Court of India 

P. Venu (Advocate)     13 November 2021

The facts posted are cnfused!

Dr J C Vashista (Advocate)     14 November 2021

The order passed by National Consumer Disputes Redressal Commission can be challenged u/s 67 of the Consumer Protection Act, 2019 which reads as: 

67. Any person, aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 58, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period: Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited fifty per cent. of that amount in the manner as may be prescribed.

However, any writ under Article 32 of the Constitution of India is not maintainable in the instant case.

VIJAY KUMAR (SELF EMPLOYED)     17 November 2021

Sir, first of all sorry if you became confused through my post but also sorry to mention that now i am consfused how you are confused because you didn't clear it.


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