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Seema (Consultant)     11 January 2011

Filing Case in National Commission

We are a group of individuals who have been duped by a builder, We had purchased apartments in RPS SAVANA in year January 2006 and 2007, The builder hasnt even done 40 % of construction and also sold significant green area.

We plan to raise a complaint against the builder in counsumer court, and need some assistance

1. Instead of filing individual complaints at state commission we want to reach to national commission together as a group and file a single complaint. Can that be done and is that recommended?

2. We were advised that if the case is beyound 1 Crore, it is treated in National commission and if it is between 20 Lakh to 1 Crore, This is treated in state commission, I would like to understand here,What does the case amount comprises of ? and further what are the various factors that need to be taken into consideration while arriving at case

Example : If I have paid 30 Lakh in year 2007, and was supposed to get my flat in mid 2010

If we do not plan to surrender our property, and would like court to order the builder to speed up construction and pay penality for the delay already occured, Can we include the principal amount paid for, or it should only cover compensation requested for ?

Regards

Seema Joshi


 



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 3 Replies

Seema (Consultant)     11 January 2011

Further to above request, We are also looking for assitance in review of the complaint drafted in this regard, In case someone can review the compliant and provide your expert comments it would be highly grateful


Attached File : 28 28 national commission complaint v1.doc downloaded: 160 times

Amit Gupta (Advocate)     12 January 2011

Dear Seema,

First understand the word valuation of the claim....

if u seek a compansation of Rs. 1 lac in ur consumar case thn the valuation of ur complaint is 1lac.

for example....if u have paid 4 lac out of total consideration of 10 lac thn u may claim that the services of builder was amounting 10 lacs, and since he has provided defective services by not providing u possession within a stipulated time u may claim compansation of Rs. 10 lacs alon with intereset theron and 2 lacs for mental agony... so ur valuation will be 12 lacs....

u better go to consumar foram first....direct complaint to NC requairs more valuation...it wud be expensive too.....and the reamedy is not guarenteed....

but before disstrct foram ur remedy is quite sure....

file seprate complaints.... for every person....

the matter will b same, only the name and details of payment will be changed...

hire any advocate in ur city.....

i m also uplodding a complaint on this site.....

if u need any further help u may call me on 09929112039.

1 Like

Ashish Chauhan (Advocate)     28 January 2011

Hi! I agree with Mr. Amit. You shall approach Consumer Fora for the redressal of your grievance.    


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