• Jaypee insolvency

I had filed a consumer case in Noida District Consumer Court against Jaiprakash Associates. Later, my advocate moved some application to add jaypee infratech as a party since payment was made to it and agreement was signed with jaiprakash associates. that application not yet replied by the builder. i had purchased a flat in noida and no construction even after 2 years. this case was for refund with interest.
now, i got to know that jaypee infratech in insolvency and its case before supreme court and my case is stayed.
What do i do now??
do i get into supreme court case, if so, how?
and since jaypee infratech not yet party in my consumer court case?,, what does this mean,,, i will not get my money back???
pls help
Thanks and regards
Asked 8 years ago in Civil Law

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10 Answers

1) SC has directed JP to deposit Rs 2000 cr in court to protect interests of flat purchasers

2) further directors ya e been directed to file affidavit disclosing their personal assets

3) SC will JP to disclose list of flat purchasers

4) option would be given to flat purchasers to opt for refund or possession of flats if JP group has sufficen t assets to pay flat purchasers

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

The order of supreme court needs to be seen to give further advice.

If the stay is granted by supreme court then nothing could be done.

You can though apply for making yourself added as party to the supreme court case as one of the creditors f the company.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Hi, sir the Jaypee infra is the builder so he has to be party to the suit .. If he has declared insolvency, under such circumstances the court appoints a liquidator and auction the project to some new buyer who is capable of completing the project and clearing off the liability of the existing builder

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Dear Client,

Jaypee infratech is subsidiary of Jaiprakash Associates.

Prefer an application in the supreme court to implead/intervention as party in the going appeal filed against NCLT order.

Also submit forms B and C issued by the insolvency resolution professional (IRP) to register ur claim with corporate insolvency resolution process.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Your lawyer has already impleaded jaypee infra and perhaps notice too has been issued to it but it seems they are not replying.

There is no need to get yourself impleaded in the pending matter before the Supreme Court.

You will still be entitled to clear your dues once the matter is finalised before the NCLT.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

The supreme court will eventually ask the builder to disclose the list of flat buyers, after which as per the belongings of the Jaypee customers would be given option will be given to the purchasers to either opt for refund or purchase of the flat.

I would advise you to not worry at this juncture, the subsequent judgment of the SC will apply to all the buyers in rem.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Respected sir...

They will have to pay you for all the things you are facing now a days and they will have to pay you with intrest ..A there case is in supreme court so follow up that and wait for court order and ask your lawyer to file a writ petition ...Prior to supreme court descion consumer court can not take any action against them because super court is the highst appeleat court of india so wait for it....

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

frankly speaking you matter is not so simple what you are saying. your matter was on 10 october 2017 before National commission, when i was present there regarding another case. i have heard a glimpse of your case.

without getting the full details no satisfactory answer can be given and further you may be misguided by any side taking advice.

you paid the amount to some one who is not your builder, land owned by some one who is not the developer.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

File an application to the Honourable Supreme Court of India to make you as a necessary party to the proceedings.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Whether the HP associates responded to the notice sent to them either in person through their representative or through an advocate?

How did you know that they filed an IP before supreme court?

If the same entity has filed insolvency petition, you may file a petition before the same court to implead you as a respondent on the basis of the amount you have paid to the developer for purchase of the flat.

What is your advocate opining about this?

If the builder is appearing in the consumer court, then you may have to follow the consumer court case regularly and properly

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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