I complaint is filed in District forum against a builder client.
A Flat was booked by in the name of Mrs. X for a value of Rs.40 lacs approx.Amount was to be
paid with the progress of project. She paid only 15% of the amount while the project was fully completed and entire amount was due from her. Despite remindrs she did not pay. Every time when she was reminded ,she has been writing to Builder that you adjust Rs.30 lacs or so as the brokerage amount buider promised to pay to her son for arranging a joint venture. Builder was knowing her husband but there was no such deal at all . Her husband is of small means and engaged in unfair means.
The complaint is total false and malaice in nature. However such a complaint is admitted in District Forum and is in initial stage.
Whether such cases of Dalai(illegal brokerage) without any base comes in the purview of District Consumer forum.
No there is no agreement or writtend document of Dalali. Still Consumer forum admitted the case as there are no scrutiny while admitting the case. Peopel are misusing Consumer forums to harrash people as there is negligible fee. Can u quote deifinite case or explainantion that such types of cases do not come in the purview of Consumer Forum
problem is deficiency of services are always there in every building actvities, like undue delays not accepted by buyers, if you do not want to pay brokerage to her husband , you can say that it can be decided by oral or wru=itten contract , as oral contract though removed now yet one can plead under oral contract as you see you go to a shop to buy a thing you don't get into wru=itten contract every time for every purchase so contacts came into being based on oral contracts only how the historical determination can be modified by any so called statute of any law maker, move a judicial review. so your position as a builder is on weak foundations.
so moving a court thinlk hundred times whatecer your advocate says, he needs just fees, you need your position to be examined and settled, you better be prudential as a man of sound common sense.
1) An Advocate is officer of court. Hence it is base less allegation that he want only fee. His duty is to give relief to aggrieved person n not to extract money from him.
2) Let the aggrieved decide whether he want Justice from court or not?