vijay (asst manager) 08 May 2016

Consumer complaint -ncdrc order not follwed by builder

Dear All,

In our case against builder from Pune ,NCDRC paased a order and instructed OP to pay compensation along with principle amount in 90 days from the date of order ,but OP has not followed the order and aslo not amde any apeal in Supreme Court of India .

What will the next step in the mateer and also if OP is not ready to pay the money ,shall we get unbailable warrent from Court ?

Reply Follow

9 Replies

Nitish Banka (lawyer) 08 May 2016

File execution petition.

warm regards

Nitish Banka

9891549997

Dr J C Vashista (Advocate) 08 May 2016

I agree with the expert file execution petition in ncdrc

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 08 May 2016

I too agree with above experts suggessions.

Kumar Doab (FIN) 08 May 2016

Can contempt of court be another recourse!

Dr J C Vashista (Advocate) 09 May 2016

No, it do not attract the provisions of Contempt of Courts Act.

vijay (asst manager) 09 May 2016

need details reply Like after filing the execution petiton what will happen and how we will able to get the moneys

muthu 10 May 2016

After Ex.pe court will send invitation to JD and treat him him legally to siphon as per the judgement.

Nitish Banka (lawyer) 05 September 2017

Class Action-How many number of buyers can file suit at NCDRC

These days NCDRC is entertaining petition under section 12(1)(c) (class action petition) of the consumer protection act-1986, wherein joint petition can be filed on behalf of innocent consumers.

Pre-Requisites

All the buyers are affected by same cause.
Same relief is sought by the buyers
There are many number of buyers.
Grievance related to same project
No default on part of buyers-All payment made

If all the conditions are fulfilled the complaint is eligible for one under 12(1)(c) of the consumer protection act 1986.

Image result for ncdrc

About Complaint

As per the judgement of Ambrish Kumar Shukla

A complaint under Section 12 (1)(c) of the Consumer Protection Act can be filed only on behalf of or for the benefit of all the consumers, having a common interest or a common grievance and seeking the same / identical relief against the same person. Such a complaint however, shall not be deemed to have been filed on behalf of or for the benefit of the consumers who have already filed individual complaints before the requisite
permission in terms of Section 12(1)(c) of the Consumer Protection Act is accorded.

Therefore the prayer clause have to be drafted keeping in mind that it is for the benefit for all the consumers or else the complaint will be rejected.

The content of the complaint must also not be a single party centric it should speak for all the consumers.

After the complaint is admitted in the forum any consumers who wish to proceed against the builder can file an individual application for impleadment with affidavit.

More than one complaints under Section 12(1)(c) of the Consumer Protection Act are not maintainable on behalf of or for the benefit of
consumers having the same interest i.e. a common grievance and seeking the same / identical against the same person. In case more than one such
complaints have been instituted, it is only the complaint instituted first under Section 12(1)(c) of the Consumer Protection Act, with the requisite
permission of the Consumer Forum, which can continue and the remaining complaints filed under Section 12(1)(c) of the Consumer Protection Act
are liable to be dismissed with liberty to join in the complaint instituted first with the requisite permission of the Consumer Forum.

Adv. Nitish Banka

9891549997

Niharika Lohan 31 May 2023

Hi Vijay, I’m Adv. Niharika and here is my take on our query. You may send a Notice to the opposite party to comply with the execution and if they fail then you can file an application for execution under sec. 25 r/w sec.27 of the Consumer Protection Act, 1986.

If you have any questions, you can contact me at niharikalohan@yahoo.com