1) since case has been transferred to national commission you have to wait for fixation of hearing date before national commission
2) if you are senior citizen you can seek expedited hearing date before NCRDC
Case of dispute with builder with State Commission has been transferred to NCRDC basis total basic c
Dear Sir, I had paid 15 lakh for booking of flat to builder in Gurgaon, because of several issues like one sided builder buyer agreement, various permissions as per law not being available to builder as on date of sale and also had not signed agreement. Builder had forfeited entire 15 lakh. Case was filed in State Consumer Court Delhi as on January 2017 and after several dates was expecting a judgement today. the surprise was that judge asked for total value of flat which was 119 Lakhs and referred to some judgement and decided to transfer case to NCRDC basis total cost of project. I had claimed refund of 15 lakh with interest. Request. You may kindly advise as to how this can be expedited , this was assured by judge that case shall start from current state and does not have to go through entire process from beginning. Your advise please. Regards
Asked 5 years ago in Property Law
Religion: Hindu
15 Answers
Dear Sir, Your case has been transferred to NCDRC in terms of the pecuniary jurisdiction of state consumer commission and NCDRC. it appears from the factual matrix presented above it is a clear case of default on part of the builder. after the recent ruling you may approach NCLT (National Company Law Tribunal) for speedy recovery of your money instead of submitting to the jurisdiction of NCDRC.
Hello,
The case will start from the current state only.
And the same will take time because of the huge pendency in the NCDRC.
any application for expediting the case can only be field when there is a delay on the part of the court to decide the case.
Regards
Hi,
Since total value is of more than one crore, the jurisdiction lies of NCDRC. You may pursue your case on same grounds at NCDRC.
Dear Client,
It`s surprising, when the cause of action is limited to 15 lacs rs, how come court disputed jurisdiction.
Cost of project will not be the determining factor but the embezzled amount. Poor order.
File revision against the order.
And file criminal complain against the builder for cheating and criminal breach of trust - fast recovery.
Sir since the matter is transferred to the NCRDC the commission will take matter from the stage it was before the state forum.
An application to expedite matter can be preferred to NCRDC also your advocate can take shorter dates.
This is my response to you:
1. If the matter has been heard till certain stage then the NCRDC will carry on from there;
2. Carry with you all the previous orders, interim orders etc.;
3. You can always expedite it by asking your lawyer to 'mention' the matter for early hearing by giving a praecipie;
4. You can also submit case laws which match your case so that the judge does not have to sit and evaluate your case differently;
5. If there are reported precedents then it becomes very useful;
6. Also your lawyer can file a interim application stating that the matter should be expedited otherwise you would suffer irreparable monetary losses.
hello
actually, the jurisdiction with the state consumer forum is till 1 crore. your case must be beyond the jurisdiction of the state forum. the issue of pecuniary jurisdiction should have been looked at earlier, as that would have saved you a lot of delays.
regards
Can you state the contents of the judgment of the State Commission here?
From your query, as the case is transferred from state Commission to NCDRC due to pecuniary judisdiction, it'll be resumed from the current stage and whole procedure would not be repeated again which has already been done, before the state commission.
if the state commission was not having the pecuniary jurisdiction to try and entertain your complaint then any proceedings in that complaint with the state commission becomes void
the complaint will begin afresh when transferred to national commission which has the jurisdiction to try your complaint
you also have the option to withdraw your complaint from consumer forum and make a complaint to RERA which is much faster in delivering judgment
Before giving you the fair advice.. we had to read the judgement and all the documents ... You may please reffer here the aforesaid judgement upon which state commission decide your matter ....
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You may also go to the criminal court against the builder.... Simultaneously
If the state forum transferred the case to national forum due to pecuniary jurisdiction you may have to pursue accordingly.
If the proceedings have been concluded in the state forum then the national forum may continue it, you can file a memo to this effect if there arises a necessity.
He has perhaps rightly done so in light of law laid down by the Hon’ble National Consumer Disputes Redressal Commission in Ambrish Kumar Shukla & ors v. Ferrous Infrastructure Pvt. Ltd., I (2017) CPJ 1 (NC). In the said case it was held that it is the value of the goods or services, and not the value or cost of removing the deficiency in goods or service which is to be considered for the purpose of determining the pecuniary jurisdiction
Approach RERA now. That is a better and expeditious remedy