• RERA related

I have filled a case in Rera regarding delay possession in Bangalore , but due to certain reason i couldn't attend more than one hearing , now i come to know that it has gone for order , where one of local lawyer told me that the case is likely to be dismissed , so he advised me to drop a mail for withdrawl of the case .that i have done already .

so i have below doubt 

1)What happen if my case get dismissed ? will i able to file the case again in rera without any issue .
2)Should i wait for the order or i should file a case again in the mean time waiting for my first case order . so that in the case of duplicacy i can say that , i already raised the withdrawl request ?
Asked 5 days ago in Property Law from Bangalore56, Karnataka
Religion: Hindu

You can file an application to restore after dismissal on grounds of non hearing. 

You can approach the forum before order and take time to argue and put documents on record

Prashant Nayak
Advocate, Mumbai
11673 Answers
18 Consultations

4.8 on 5.0

You can file an application for restoration of your complaint mentioning the reasons of your absence on date fixed. 

Mohammed Mujeeb
Advocate, Hyderabad
9365 Answers
3 Consultations

4.5 on 5.0

1. After withdrawing with permission to file again you can file in case it is dismissed rejected you cannot file again.

2. See wait for the withdrawal order then file fresh.

Shubham Jhajharia
Advocate, Ahmedabad
18253 Answers
71 Consultations

5.0 on 5.0

1) if your case is dismissed on merits you cannot file fresh case 

 

2) wait for orders to be passed 

Ajay Sethi
Advocate, Mumbai
65484 Answers
3961 Consultations

5.0 on 5.0

Even if it is dismissed it can be restored as the case has not been heared on merits. On the date of order you can appear and ask the Bench Clerk  what issue Order is pending. Is it for dismissal of case or Orders on any Application? 

Jamal Sait
Advocate, Bangalore
91 Answers
1 Consultation

4.9 on 5.0

Hire local lawyer, he/she will appear. It will not dismiss but will decide on merit, but without representation, order may be adverse.

Withdraw withdrawal request otherwise your remedy from consumer court and police complain will also set back.

Withdrawal will be end of complain, no fresh application  permissible.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

You can do gazette notification and change your name. For official record you can keep a single name only. Changing name is your personal discretion

 

Prashant Nayak
Advocate, Mumbai
11673 Answers
18 Consultations

4.8 on 5.0

if the case will get dismissed you can appeal against the order in Higher court having jurisdiction.

You should wait for the order. You cannot file another case during the pendency of previous case for same subject matter against same party. 

you should not have sent the mail for withdrawal of case as it will close your option to file another suit. 

Mohit Kapoor
Advocate, Rohtak
2692 Answers
1 Consultation

5.0 on 5.0

Change in name would be with prospective effect 

 

2) it would not affect your Educational certificate 

 

3) you can change your name in passport and other documents after your name is changed by gazette notification 

 

4) your job would not be affected 

 

5) no need to change your name 

Ajay Sethi
Advocate, Mumbai
65484 Answers
3961 Consultations

5.0 on 5.0

1. Once RERA dismisses your case you may not be able to file again. 

2. If your lawyer suggested to withdraw the case you may seek a second opinion from a different lawyer in the local and proceed as recommended. 

T Kalaiselvan
Advocate, Vellore
55311 Answers
674 Consultations

5.0 on 5.0

1. It's your decision and desire to change your name,  there should not be any problem in this. 

2. You can retain both the names by adding alias between both the names. 

3. The evidence for change of name would take care of the situation. 

4. It's your decision. 

5.  See the above answer. 

T Kalaiselvan
Advocate, Vellore
55311 Answers
674 Consultations

5.0 on 5.0

Apply to collector office, gazette notification will issue only valid proof to justify name change in PP, degree etc.  

NO

Name will not change in old documents, but only PP, license, voter i`d etc.

Only one name.

 

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your case may get dismissed for non protection.
  2. Though you have already moved an e-mail for withdrawal request, if nothing happens then you would have the only option for going in appeal after citing reasons for non appearances.
  3. Or can also file an application for the restoration of the case once it gets dismissed in the same RERA court as you can’t file a new case in the same cause of action after dismissal.

Sanjay Baniwal
Advocate, South Delhi
4787 Answers
11 Consultations

5.0 on 5.0

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