You can make complaints in RERA office and Consumer Forum of your city area.
A builder isn't honoring NCDRC order
NCDRC had directed the Bangalore based builder to refund the money with 12% interest. I also forwarded the order copy to the builder by emails, registered post, speed post & wharsapp, but still builder neither responding to any communication and nor returned the money. Already 2 months over. The NCDRC order did not have any timeline defined to return the money but what I came to know even if any time line is not defined, 3 months’ time line will considered as general practice. I know I need to file an execution of order in the same NCDRC after 3 months over, but my question is, does this really works? Does non-bailable warrant against builder or recovery through DC can actually happen on ground ?Considering that the builder holds a very dominant position in Bangalore. Any other option left?
Asked 5 years ago in Property Law
Religion: Hindu
21 Answers
If builder has failed to comply with NCDRC orders take out contempt of court proceedings against builder in HC
2) in alternative take out execution proceedings seek to attach builder property for failure to comply with NCDRC orders
3) builder has to comply with court orders
Yes you can pray for NBW as well as recovery through attachment of his property.
Don`t worry file execution petition, if builder will not appear, non bailable warrant will issue. Period for filling appeal is 30 days, so order executable on the lapse of 30 days.
Yes execution works the builders property can be attached or he can be arrested if he fails to honor the order of the court.
Yes it can happen no matter what position he hold.
Prefer an application under section 25 read with section 27 of the Consumer Protection Act.
You have to prefer the above application before the Hon'ble NCDRC itself.
file execution of the order
Firstly, file execution petition before NCDRC. It is upon the President of NCDRC, how he can get his order executed.
Secondly, you may submit the bank account numbers, bank name of the builder to NCDRC and get his account attached.
Thirdly, get warrant for arrest issued against him from NCDRC. It will really work.
Fourthly, you may get his movable properties attached, just as Cars, Scooter, AC, etc.
Hello,
Immediately file an EA or execution application and you will get your money back else there would be a non bailable warrant issued against the builder.
Regards
When you have got court order you need not to worry.
File an execution petition in the consumer court it self. First notice will be issued, if he remained absent in spite of receipt of the court notice then you can make a submission to the court to issue Non bailable warrant
I'm planning to go to Media (social & print) first against the builder for not honoring the NCDRC order. Builder is openly flouting the court verdict, he needs to be exposed. Question is, will this act of mine (going to media) , will create any issue for me when I file an execution of case in NCDRC?
Asked 5 years ago
NO, you are at absolute liberty to get the order published, but simultaneous execution petition also advisable. Will save time.
you can file an execution petition following the procedures to execute the decree through civil court in Bangalore since the NCDRC has passed the orders.
For that you may have to wait for the expiration period for preferring an appeal by the respondent/builder.
There was no necessity for you to send the copy of the decree to the builder seeking action on the decree in your favor.
he will even otherwise get the copy through is advocate.
The procedures to be followed to execute the decree may be followed.
See it is better you file execution then going in media and after filing execution you can report your grievance in media. Then you can report in way that builder has not followed the order so you have filed execution.
As the same is truth no issue for you.
you can expose builder through social media there is no issue after you can file EP.
file execution
You are at liberty to raise issue in social media about builder flouting court orders
it would not affect your execution application
Get the order executed through NCDRC. Don't involve in unsocial activities. Have patience and you would get the money. Courts proceedings are homeopathic remedy, take time but cure.
Please note you need to file for execution in consumer forum which at first passed an order you can seek for arrest or attachment of his property. Yes court will order for his arrest in case he does not honor the orders of NCDRC. You can go to media but first its advisable to file an execution petition at the earliest.
Dear Client
As you already know that you have to file execution for order of NCDRC.
And it will definitely work in your favor as court can order attachment of assets of builder and also arrest of builder In case he defaults the court order of payment.
Yes court can issue NBW against builder and also attachment can be order to recover the amount ordered by court.
This is my response to you:
1. Firstly file for execution order;
2. Secondly you can approach the police and file an FIR;
3. Do not go to media yet, this may amount to defamation;
4. Consult a local criminal lawyer and take steps.
