Respected Lawyers,
I have booked a studio appartment in 20Lakh in 2013 and made 95% payment in instalments. The possession date for me is July 2016. The property is located on Yamuna expressway(Greater Noida) Techzone SEZ. The land is commercial.
Please advice on below points:
1) There are 10 DCDRF in delhi. so in which DCDRF I can file case(if the total amount is less than 5 crore)? The builder has Registered Office in Nariana, Delhi and Corporate office in Sector 16, Noida.
2) 40 buyers(including me) are ready to file the case for Refund. So in that situation, Can we file 2 separate consumer cases(in GROUP of 20 people each) in DCDRF?? For each case, the total amount will be 4 crore. Can the Court combine these 2 cases together in future(but in that sitation Amount will become 8 crore)?
3) If all 40 people want to file the single case before NCDRC, Can it be done as Group of buyers(without making an Association)?? Or May the court reject the case and ask us to first make an ASSOCIATION & then file the case? Because many similiar cases of that builder(on same Property) might be running already, which are filed from other buyers.
4) In MOU, there is a clause of Arbitration from builder. Will it Stop us to file case before NCDRC/DCDRF? and how it may impact us.
Please advice. Thanks