• National Consumer Forum case - Notice to Builder

Hello,
I filed a complaint against my builder in person in NCRDC in July 2019. The hearing for case admission also happened in the same month and case got successfully registered with next hearing date given 5 months from now/
I checked online. The case status is Issue Notice/Directions
My questions:
1. Will NCDRC directly send notice to the builder? Will I be notified when this happens?
2. Is there any action item for me now - do I also need to send the notice to the builder? I had to sign an undertaking to submit the complaint set meant for the opposite party within a week from date of issue of notice to opposite party.
I am not clear on what needs to be done.What exactly I need to submit to the builder and how do I know whether the builder has already received the notice or not.
Kindly advise 
Ranajay
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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14 Answers

Give me title of the suit and complaint number, date of admission and next date of hearing.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

You have to collect the notice and post it to builder. Once the notice is delivered to builder he has to file the reply on the next date

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. The notice shall be sent from the commission, on next date in court you have to check the notices are served or not.

2. No you don't need to send the notice,See copy of complaint if not given in court for opposite parties you can serve same by RPAD along a letter informing of case and next date and can submit acknowledgement of same in commission. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) notice would be sent by NCRDC 

 

2) you should inform builder that case has been filed mention next date of hearing also forward copy of complaint 

 

3) send letter with complaint copy by speed post AD or registered post 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

One copy of your complaint/petition alongwith all supporting documents is to be sent to the opposite party by you. 

After sending submit a declaration to this effect to the forum. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Hi

NCDRC will send notice to the Builder.

You inform builder about filing of the case by appending copy of your complaint alongwith the copy of  Forum's order through RPAD & Standard Courier.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You have to check order sheet. If directions are for you to send the copies to respondent then it is required to be done by you only. If there is no such direction then it will be sent by the court. However as per the trend, people prefer to send the copies on own to avoid laches and even courts believe that the complainant will send the notices on his own. So in nutshell get it done yourself to be sure. 

 

GMGupta Advocate

[deleted]

www.gmguptaandassociates.tk

 

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

NCDRC serve notice to builder. alternate petitioner/complainant  can also  serve a copy of notice to builder. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You/advocate have to get processed In commission office. Have to submit notice and better dispatch your self and submit registered AD in office.

Notice will send by registered AD. Forum office is suffused with cases. So advocate have to processed notice. attach copy of plaint with notice. 

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

As your case is already registered by National consumer dispute redressal Commission and it is showing the stage that no issue notice to the respondent notice will be issued by the commission itself and on the next hearing date you will be able to know that the notices has been delivered to the Builder and definitely the Builder will appear before the court and file its WS in this regard so you need not to worry about your case is very much registered and on the track

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

After admission the Hon'ble court has ordered notice/summons to the OP/Builder. The office will dispatch the same through R.P.A.D, if you have furnished the postal cover and requisite postal stamps. At the time of filing of the complaint you should have submitted an additional copy of the complaint along with documents, which will also be sent to the OP from the office of the N.C.D.R.C. 

Only in the next hearing date will you know if the notice has been duly served on the OP or not. as suggested by the court you will need to submit additional copy of the complaint and postal cover along with postal stamps within a week from the date of the order.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Yes NCDRC will send notice to builder for appearance on next date directly. No you will not be notified till next date when builder appear before NCDRC.

No you don't need to send any notice to builder Now you have to submit a copy of complaint to NCDRC for serving of notice to builder. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1.  The court will send the notice to the opposite party directly and you may have to appear on the next date of hearing for further proceedings.

 

2. You may not have to do anything on it for now except if you have been directed by the court to send the private  notice also from your side to the opposite party.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

  1. As per as the information mentioned in the present query, makes it clear that notice has been issued in your case to the builder.
  2. In NCDRC, it is not like usual court where you have to file the process fee for sending the notice to the opposite side.
  3. Ar the time of filing of the case, you would have given two sets for the judge and two more extra sets.
  4. And that extra sets are used by the court staff to send the same to the opposite.
  5. You just have to go to the filing department and ask as to whether they have sent it yet or not.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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