Civil Procedure Code (CPC)

Commercial space assured return


Hello,

We have booked a commercial space in RED Mall Ghaziabad with montly basis assured return scheme. But builder is not paying it since last 8 months. When we contacted consumer help line they said this case would be handled by Civil court not by consumer court. Please advise what we can do here

Regards,

Pabitra Dash

 
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Hello Pabitra,

If you have booked the aforesaid property for commercial purposes, then you can file a suit in ghaziabad civil court. However, if you have bought the space in question for establishing your own business/trade or any work to earn your livelihood, then you can file a complaint in the consumer forum. I say this because one of my clients has a similar case in NOIDA. He booked an office in Noida, the builder paid the assured returns in the beginning but gradually stopped. Neither he has completed and handed over the office space. We have filed a complaint in district consumer forum and the same has been admitted. We have now been instructed by the cunsumer forum to file evidence. Conclusion, if you have booked the space to earn your livelihood and you are currently dependent upon the assured returns for your livelihood, then you can approach the consumer forum.


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Thank you very much for your reply. The property is in my wife's name and she does not have any income. In this case can I say that that the assured returns for her livelihood, then can she approach the consumer forum?

 
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