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H Patel ( )     01 September 2016

Need help regarding consumer case for refund

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



 2 Replies

adv.bharat @ PUNE (Lawyer)     01 September 2016

Fro matter more than 5 CR value u need to file case at NCDRC.

The case is filed where the cause of action arose or opposite party reside or carries business.

Court will consider the case based on merit ONLY and not by other factors.

No it depend up on u where to go for arbitration or not.

If u like my suggesation then give THANKS on my profile.

 

H Patel ( )     02 September 2016

Thank you Bharat ji for clarification.

 

1. I do not understand the technical term "based on merit ONLY" written in text line - Court will consider the case based on merit ONLY. Pls briefly clarify.

2. There is one more doubt. Some one told me that NCDRC is considering cases which are filed on behalf of buyers' Association Only and rejects the cases filed by Group of buyers. Please clarify. Is it true??

3. Can shop buyers & flat buyers(in same property) file the single case for Refund?

4. When is the new Real Estate law coming into Effect. should I wait for sometime. As some buyers(who invested in shops in same property) want to file case with me.

5. Does NCDRC  building have lawyers chambers to discuss with local lawyer regarding filing case? or where I can find.

Please advice. Thanks


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