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NARESH KUMAR (SR ACCTT)     18 January 2012

Validity of a notice

My case against a renowed builder was admitted in consumer court  Delhi in Aug'2011. First hearing was in Oct'2011 and next is Jan'2012. Neither builder nor his representative appeared in both the hearing. Please advice what should be the action from my side  if he will not attend further hearing also and what action consumer court can take against him


 3 Replies

Balaji Bakthavathsal (+919444448455)     18 January 2012

Dear Mr. Naresh Kumar, if the respondent fails to appear for the hearings, the case will be decided on ex-parte basis and you will get the order in your favour. However, it is of no use. After some time, the respondent will bounce saying that the case was decided in his absence as he could not attend the hearing due to some bla.. bla... reasons and will appeal again. If that is not happening, still, you are not through with your case. You have to issue a paper notice before serving the execution order and so many formalities. It may take a minimum of three ears provided if you follow up the case.

Thanks & Regards


NARESH KUMAR (SR ACCTT)     18 January 2012

First of all thanks for such a prompt and perfect reply. Here i also wish to know that how many time builder can avoid the notice. 


I can explain the case. I booked a plot in  X city in 2006 with Township named A which has a prime location . Builder has another project in same city with  inferior location named  B Township. Now builder is offering me a plot in B township which is not acceptable to me.  What protection I have under consumer law. What I can claim from builder. and what is the probability of my success

Balaji Bakthavathsal (+919444448455)     23 January 2012

It depends upon the agreement made between you and the builder, the terms & conditions mentioned therein. In the absence of the same, the correct view/opinon cannot be given.

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