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SANJEEV KUMAR (STUDENT)     15 January 2012

Jurisdiction of consumer court

A RESIDENTIAL HOUSE IS BOOKED FOR 18LACS BASIC PRICE AND ADVANCE OF 6 LACS IS GIVEN. HOUSE IS NOT ALLOCATES WHICH WAS BOOKED RATHER ANOTHER GENERAL HOUSE IS ALLOCATED BY THE BUILDER. SO PAYMENTS WERE STOPPED. BUILDER CANCELLED THE ALLOTMENT ARBITRARY. SO COMPENSATION IS TO BE CLAIMED FOR RS. 19 LACS UNDER DIFFERENTS POINTS LIKE APPRECIATION OF LIKE HOUSE, MENTAL TOURTURE, INCREASE IN LOAN COST, LITIGATION CHARGES ETC. SO TOTAL COMES TO RS. 25 LACS I.E ADVANCE AND COMPENSATION  JOINTLY.

NOW WHERE TO FILE THE CONUMSER COMPLAINT. WHETHER IN DISTRICT FOURUM OR STATE COMMISSION.

SANJEEV



Learning

 8 Replies


(Guest)

IN MY OPINION YOU NEED TO FILE CASE IN A STATE COMMISION. AS PER MY KNOWLEDGE THE DISTRICT FORUM HAS A JURISDICTION UP TO 15 LAKHS. 

sridhar pasumarthy (ADVOCATE)     15 January 2012

Dear Kumar,

District forum has jursidiction upto 20 lakhs.  So, you have to move State forum for relief.

Legal Fighter (Advocate)     15 January 2012

state commission.

VINAYAGAMOORTHY (Chief Executive Officer)     15 January 2012

distric forum has jurisdiction to entertained complaints upto the value of rupees 20laks. hence u can file complaint  at district forum itself.

sridhar pasumarthy (ADVOCATE)     15 January 2012

Moorthyji,

Author's claim is for 25 lakhs.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     16 January 2012

The choice of the Fora/Commission will depend on the amount of transaction and relief you seek and the location where the cause of action arises. If transaction and relief is Rs. 20 Lakhs or below, case is filed in DCDRF If amount is more than Rs. 20 Lakhs but below Rs. 1 Crore, case is filed in SCDRC If amount is Rs. 1 Crore and above, case is filed at NCDRC.

As your claim is around 25 lakhs you have to file a complaint before the State Commission concerned.

Advocate Bhartesh goyal (advocate)     16 January 2012

Rightly advised by Mr M.Piravi Perumal.Pecunary jurisdiction  to entertain and decide the complaint up to Rs  2000000/of  lies to DCDRFand more than Rs 2000000/ and up to 1 Crore lies to SCDRC and more than i Crore jurisdiction to file complaint lies to DRC.NC

Nagendra*** (Manager)     17 January 2012

Hello Bharteshji, please advise / suggest me what to do and how to proceed, Thanks

 

I have made up my mind  to file a case against the builder in the consumer court (Bangalore) as the builder is delaying the registration of my flat.  I have entered in to the agreement with builder in June 2006 for the purchase of the flat.  I have paid in full and have the receipts.  I was given procession of the flat in 2009.  I have furnished the apartment as well.  Builder has provided the following documents:

 

1)      Sale Agreement

2)      Construction agreement

3)      Receipts for all my payments.

 

Currently the apartment is under my procession and was rented out since then. 

 

With this background, I would like to know a case filed in consumer court will yield  +ve results.  Can the builder quietly sell the flat to some body else?

 

I have the addresses of the 2 (out of four) partners of the venture. Also I would like to know, what action the consumer court will take if the notices sent to the builder are not received and returned to the court.

 

Please answer my questions & advise accordingly.


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