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Mahesh (Manager)     12 July 2017

First appeal in consumer state forum - written arguments


I have to file written arguments in my appeal in state consumer forum. Looking for suggestions regarding relevant judgements and suggestions. Below are the prayers I made (through an advocate) to district forum. district court ordered for completion of pending works by builder and gave me costs of 3000. In all other prayers orders are against my prayer. In state forum, i am appearing in person. Attached is the draft of written arguments to be filed by me. Also, want to know if I should be repeating the prayers I made at district court in my written arguments.

  1. Complete the pending works/amenities and pay compensation of Rs. 2,00,000/- for not completing the works/amenities as agreed.

  2. To pay an amount of Rs.15,000/- per month from 01/01/2013 to November, 2014  being the rental value of the apartment.

  3. Return an amount of Rs.10,33,000/- with interest at the rate of 12% that is collected in excess of the agreed consideration

  4. Pay interest at the rate of 12% on an amount of Rs.5,40,000/- from  26/11/2013 to 5/6/2014 as the amount was to be paid, as per the terms of the agreement, at the time of handing over the flat, but the opposite party  insisted for the payment and collected the amount before registration itself

  5. Return an amount of Rs 1,07,211- which is excess collected towards registration expenditure.

  6. To pay a sum of Rs.1,00,000/- to each towards damages and for mental agony sustained by the complainant and his family

  7. To pay 50000/- towards costs to the complainant



 4 Replies

Advocate Bhartesh goyal (advocate)     13 July 2017

You can submit written arguments no bar.

Rajendra K Goyal (Advocate)     13 July 2017

You can submit written arguments.

In National Consumer Disputes Red Commission decisions, compensesation @ 8%  simple interest from date of each payment with litigation caost Rs. 10,000/- is being paid in such disputes of delayed possession.

Mahesh (Manager)     13 July 2017

Thanks to Bharatesh and Rajendra for the quick response.

I am more specifically looking at the below:

1. Someone to have a look at the attached draft and give suggestions

2. Want to have references to relevant judgements that I quote in the arguments, and

3. If I should be mentioning the 7 prayers I made in the district forum in the begining of the written arguments to make my arguments more understandable


T. Kalaiselvan, Advocate (Advocate)     17 July 2017

You can engage the services of an experienced and skilled advocate to get your desired acts accomplished.

You may contact one in person from this forum too. 

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