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Chris Srivastava   20 March 2023

Delay compensation case against gurgaon builder

Hello,  What is the remedy if the builder does not obey NCDRC order to pay delay compensation to home buyers? We won the case and the final verdict was delivered by NCDRC in Sep 2022, but the builder is still not following the court order. We tried to reach out to the builder through various mean, but no avail. We had similar situation for another project with the same builder where we won the delay compensation case and also won the Execution case, but still the builder is still not paying the litigants. Builder has recently reached out to litigants to settle with them at 50% of the court awarded compensation. Now, the litigants are in dilemma whether to settle with the builder at 50% or pursue execution case. It is extremely frustrating experience, the construction is already delayed by over a decade, it took 8 years for group of 450 members to fight court case and eventually win it, but builder is still defiant and not obeying the court order.  I have been living in USA since last 22 years so not very sure how the legal system works in India. Please review and advise. Your prompt and detailed response shall be highly appreciated as it will be shared with about 450 litigants. Thank you!


 2 Replies

Dr J C Vashista (Advocate)     20 March 2023

The NCDRC award stated to be your favour has not been challenged by the Builder, implies that it has attained finality.

Get execution filed before NCDRC through your lawyer, however, no need to settle in 50% of awarded amount.  

Chris Srivastava   20 March 2023

Thank you for your prompt reply! I have few questions:

1. What would happen if our lawyer does not file for execution by the deadline, I believe that is April 10, 2023? I

2. If some litigants decide to settle with the builder at 50%, can other members continue to pursue with execution case? The reason some members are inclined to settle because they have no hope in receiving full compensation per the court order.

3. What action would NCDRC will take if builder still won't obey court orders even after we win execution case?

4. Any other advise? We all 450 memebrs are panicked and confused. After battling court case for 8 years, we eventually won, but still there is fear that we may have to continue court battle forever.


Thank You!


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