We (the many buyers) had booked the flats in a upcoming residential apartments in UP for our personal use. The builder has failed to handover the possession of property legally within the time limits. We had approached the builder to refund our money with interest but he denied, so some of us are planning to go to NCDRC directly to lodged a group complaint, by making a registered association, for refund / compensation. Out of this group one buyer has booked 2 flats in same name, in same project, within a gap of 2 months. The clubbed value of property (of all buyers, who are willing to go to NCDRC) had just crossed Rs 1 crore. So we want to know that: - 1. “Does the case of this buyer (who booked 2 flats) will be treated as property booked for commercial gains by the courts…??” 2. Does it will impact on group’s interest in group complaint at the time of final judgment negatively or else. 3. If so, What kind of impact will be there on group’s interest ? 4. What is best possible remedy for group & this buyers ? 5. Any other option or suggestion for group as well as this individual buyer.
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The buyer has bought 2flats for capital appreciation and would be regarded as investor . He has not bought 2flats for personal use and would not be regarded as a consumer . It would impact the group complaint
2) the buyer should take the plea that he bought 2 flats for personal use for residence of his family members as they wanted to stay as joint family and one flat was not sufficient to accommodate his parents , his siblings and his wife , children
1. If the property has been bought for residential purpose then it does not matter how many property has been bought by a particular person.
2. No it will not
3. No effect
4. Going to NCDRC is the best remedy for you. It being effective as compared to SCDRC
5. NO YOU ARE GOING IN THE RIGHT DIRECTION
regards
1 Buying 2 properties does not mean that it was bought for comemrical gain.So forget this issue.
2.No,not at all.
3. NA
4.No adverse impact will be made because of this buyer.
5. Proceed as planned.
Filing a group complaint may be a misconceived idea in the given facts and circumstances as one of the buyers has booked two flats, as a corollary to this he may not be regarded as a consumer. The biggest disadvantage of class action is that if there is a weak link in the case of even one of the suitors then all the other suitors will also bear the brunt. The onus will be on him to prove that he bought two flats for his personal use or use of his family members.
1. Could be unless he established that both flats were being purchased by him for his personal use. SO, if he has large family etc, he will establish personal use with ease.
2. No. Could only effect the jurisdiction on Court and not the merits of the case.
3. NA
4. You could also approach the RERA
5. Consider approaching RERA. It is an efficient and effective remedy.
sir,every individual will have to file a separate petition for Each unit..2) if a single person has booked 2 units then he can file a single petition ..there is no adverse consideration if 2 units are booked by one person.. You can contact in person for futher consultation..regards advocate Hemant Chaudhary
If the person who booked two flats convinces court that he booked two flats for the benefit of his children then he has a case with you people
You may prepare the complaint accordingly.
