• Consumer court

Respected Panel Members
I have filed case against builder in consumer court.and affadivat of both the parties are submitted.
In prayer relief i had asked for the plot or alternate plot with immediate handing of the site and penalty of Rs 2000/per day for delay from the date of court order.No refund of money was asked.
During the course of oral argument my lawyer asked refund alongwith interest ..The builder have submitted his written argument.my question is
Is it obligatory in my part to file written argument?I have in my complaint asked only for plot no refund
As my lawyer have asked for refund he say written argument cannot be filed and i cannot claim for the plot . Iam not interested in refund nor i have not given my consent for refund.Please advice
Divya
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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7 Answers

1) it is advisable to submit written arguments but not mandatory requirement

2) you cannot claim refund as in the reliefs claimed in complaint you did not seek refund

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) it is advisable to submit written arguments but not mandatory requirement

2) you cannot claim refund as in the reliefs claimed in complaint you did not seek refund

3) court would not award you refund

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1.In consumer forum it is genral practice to file BNA to assist the forum to arrive at justi decisison of the case

2. However if you do not file such written argument the merit of the case would not be hampered only on this count.

3. So place your argument on the basi of your case .

All the best.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hi

written argument can be filed and that is the practice in the consumer forum .

Your lawyer should not decide for you, he should submit what you intend to say.

If you dont wish for the amount refund, stay on your stand and ask your lawyer to present it in that way in court and let the court decide the matter and pass an order.

It is advisable you ask your lawyer to file a written argument which you read and approve before filing it.In case your lawyer is not preparing it you get it done and insist it to be filed, so that there is a record of your argument in file if in case you wish to go for an appeal

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1. No prayer can be made which has not been mentioned in the petition.

2. You should file brief note of arguments strictly in line with your petition and the written Statement submitted by you and also the reply to the W.S of the Opp.Party if submitted by you.

3. it is advisable to submit BNA since it will go in record which will be helpful for you if you are to approach the State Consumer Commission against the adverse order, if passed by the district Consumer Forum.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Statement made by your counsel is done under your instructions

2) since you sought refund consumer forum has awarded you refund

3) filing an appeal against said order is not advisable

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Have you filed Brief Notes of Argument as suggested in my earlier post?

2. if yes, the there will be a record that you had asked for physical possession of your allotted plot or an alternate plot with damage.

3. in the above event, you can approach the State Commission with evidence claiming that the Forum erred in understanding the prayer which was never refund of money.

4. Even if you have not filed the BNA, you can approach the State Commission on the said ground.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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