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Thirumalai Dasan K   28 December 2021

Consumer case / 2016/ counter by the builder in 2021

Dear Experts, 

I filed a case against a builder in the State Consumer Forum in TN in 2016. Only recently the opponent filed a counter, commenting and finding fault with the Chartered Engineer Report and the Advocate Commissioner report, which subscribed to the CE report.

 Being the case, Can I submit a counter with other documentary evidence, part of Government documents /Reply to RTIs’.

 The counter also mentioned that the project had been handed over to Mr.XYZ, the then president of association (not mentioned as association) in 2016. But there were many AGMs and MOMs that still have the points related to partial take over in 2018 and not completing handing over fully, including a club house. Can I submit all these MOM.

 Against handful of points substantiating unfair trade practices, (number of) deficiency in services and pending UDS (as per calculation, 1/3 of UDS still with the builder, even after apportioning major chunk of UDS for pending block)  Thank you



 4 Replies

Advocate Bhartesh goyal (advocate)     28 December 2021

Builder's counter case after five years  is time barred.File detailed reply of counter case and  take necessary and relevant objections in reply with relevant documents.

Kawmini Liyanage   28 December 2021

Greetings!

Section 47 of Consumer Protection Act 2019;

Since the complaint has been filled in 2016 and it has not been reviewed until 2021 you have suffered a great loss. Hence it would be wise to make a fresh complaint including reference to the 2016 complaint along with compensation for your loss incurred due to the time wasted. 

Regards, 

Kawmini Liyanage.
 

Thirumalai Dasan K   28 December 2021

Thanking all your advise

Archana Pandey   11 January 2022

Please file fresh case in Apex Court along with the reference of old case. Kindly ask valid reason of delay along with Compensation charges. 

 


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