Rakesh Kumar (none) 05 April 2011

Suit for mandatory injunction against builder

Following is the detail of my case

1) I booked a flat in a group housing society with a builder in 2007.

2) The posession process has staterted in jan 2011 and some buyers have recieved possession.

3) Builder is not giving me posessioon of my flat. This is because i had pointed out his violation of building bylaws to the respective authority. He is angry at me for doing so and that is why not handing over the house.

4)I have sent him a legal notice demanding the possession.

My question is : At the expiry of this notice can i file a suit for mandatory injunction against the builder to give posession? Should this case be filed in Consumer court or civil court?

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7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 April 2011

You can file consumer case as well as civil case in the given facts.

1 Like

Rakesh Kumar (none) 05 April 2011

Thank you Makkad Sir.

Sir, I have also read on this forum that mandatory injunction is only given at the end of a case. Considering that I am paying EMI of the home loan and also high rent for the accomodation where I am currently living Will it be a good idea to file for manadatory injunction as it may take lonf time (many years) for the court to dispose off my case? Or in the interest of time should I just file for interim injunction.

Please advise.

Rakesh Kumar (none) 05 April 2011

Question is can the court order a mandatory injunction even at the beggining of the case?

(Guest)

@Rakesh Kumar

I agree with raj kumar advise file consumer case as well as civil case in the given facts.

You said manadatory injunction as it may take long time (many years) ,Yes but also file consumer case it will run speedily as compared to civil case.What you get is posession and if consumer case will give this remedy effectively and speedily than its better file both ,civil and consumer.He will be in pressure.

Sarvesh Kumar Sharma Advocate (Advocacy) 05 April 2011

consumer case is perfect!

KAVI KANTH REDDY (Advocate) 07 April 2011

I agree with Sarvesh consumer court gives U perfect solution where as in civil case in injunction suits it may take much time bcz u r not in position as per u r notice..