• Query for filing case directly in ncdrc in group against builder

Fraud Real estate company "Dreamz Infra Pvt Ltd" have cheated thousands of people in Bangalore. He made false promises to give Flat within 23 months but even after 3 to 4 years he failed to provide Flat. Projects are under litigation or construction yet not started or over booked & not completed. Thus, the said company has cheated in all the 40 projects.
Victims have filed FIR. Recently CID started investigation and office bearers are under judicial custody. Company office is locked by builder. some of the victims have filed case in District Consumer Court and some in State Consumer Court individually. Also, some of the victims have filed cheque bounce case in civil court against the company.
Now some of my friends who have not filed any case except FIR, want to file case in NCDRC directly in group. my doubts are as follows :
1. Can remaining victims in group file case directly in NCDRC ? (some victims have already filed case in district & state consumer court)
2. If builder or his lawyer not appearing in consumer court, then what will consumer court do ?
3. we have to submit original documents or xerox copies attested by notory in court ?
4. one person can file case for all the group members in NCDRC or everybody has to go to Delhi ?
Asked 7 years ago in Property Law
Religion: Hindu

12 answers received from multiple lawyers

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12 Answers

1) other victims have to with draw the case filed by them in distrcit/ state consumer forum and file it dfirectly in NCRDC

2) if builder does not appear in court nor engages a lawyer NCRDC can pass exparte orders in your favour

3) you have to submit xerox copies of documents

4) case papers can be signed in Bangalore and forwarded to lawyer in delhi for filing purposes

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

1) legal fees vary depending upon lawyer engaged by you

2) personal presence of flat purchassers is not necessary

3) lawyer will appear on your behalf on all dates

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

other victims have to with draw the case filed by them in distrcit/ state consumer forum and file it dfirectly in NCRDC

2) you would be intimated by your lawyer of complaint being filed and case number issued by NCRDC

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

notice would be sent at his address mentioned in your correspondence with builder and sale deed

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

if builder does not appear in court nor engages a lawyer NCRDC can pass exparte orders in your favour

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

remaining victims can file case directly in NCRDC

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

1. Can remaining victims in group file case directly in NCDRC ? (some victims have already filed case in district & state consumer court)

It is always advisable to file consumer cases individually but a police complaint may be given collectively

2. If builder or his lawyer not appearing in consumer court, then what will consumer court do ?

The court will call the builder absent and set him exparte.

3. we have to submit original documents or xerox copies attested by notory in court ?

You can submit the xeros copies duly attested.

4. one person can file case for all the group members in NCDRC or everybody has to go to Delhi ?

If the pecuniary limit is before the National commission then that individual can approach the national commission;

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

What is the NCDRC lawyer fee in Delhi ? Lawyer will look after the case till the execution petition or every month all the group members will have to attend the case ?

The fee of a lawyer cannot be predicted.

If the individual is interested to know about the procedure in live then he can visit Delhi for each and every hearing.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Since some of the victims have already filed case in district/state consumer forum. My doubt is that - Can remaining victims file case in NCDRC directly in group ? After filing case in NCDRC as group, how we will come to know that our complaint has been accepted by NCDRC ?

If you people have decided to file the case before National consumer collectively then you may obtain permission for all such formalities from the court and after confirmation you all may aproach national commission.

Your representative from the group cm confirm the filing and its number.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Since builder office is closed by builder for ever so at which address legal notice will be sent ?

The legal notice can be served on the same address where the office was reported to be functioning

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Most probably builder / builder's lawyer will not appear in NCDRC then What NCDRC will do ?

The national commission will set the builder exparte and pass orders accordingly.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Since already some of the victims have filed case in district consumer court, state consumer court and civil court. Can remaining victims file case directly in NCDRC in group ?

Yes, let them organise to file a collective case against the builder.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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