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Rishi Sachdeva (None)     25 March 2017

Opinion needed - property related dispute (consumer court)

I have a pending case against Greater Mohali Area Development Authority. GMADA was to deliver possession of property within 3 years and there was a clause in LOI that if they fail to deliver the same in time consumer can apply for cancellation of allottmment and consumer will be entitled for a refund along with 8 % interest compunded annually. I applied for cancellation of allottement since they failed to deliver the possesion in time but they acted quite clever and calculated 8 % interest from the date that was due for possession to the date cheque was handed over to me and not for the entire period (3 Years). I filed a case with district consumer court. I can now see many other cases filed against GMADA having the same issue and also many judgements where district consumer court decided in favour of the consumer but now the opposing counsel has a new judgement in its hand and they want the case to be transferred to state comission based on the following judgement:

  Counsel for the OPs states that   in view of the latest decision of Hon’ble N.C  in case tilted as Ambrish Kumar Shukla  and Ors versus Ferrous Infrastructure Pvt Ltd in CC No. 97 of 2016 decided on 07.10.2016 the complaint is not maintainable before this Forum as the value of the property is more than Rs. 20 lakhs.

The case is only to get 8 % interest from the date we paid the amount and it does not exceel 20 lacs whereas the opossing counsel says that the property's value is to be considered and not the amount being claimed and hence this needs to be transferred to state comission. Going to state comission will further delay the judgement. I understand that we have many brilliant lawyers here and someone might suggest some good way to counter this.Please help!


 1 Replies

Nitish Banka (lawyer)     25 March 2017

The following judgement is applicable for defects after possession. so in the cases of complaint against builder for refund the facts of this judgements are not applicable.


Nitish Banka


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