Have to file amendment application. Cite recent SC judgement, Home buyers can't wait indefinitely for possession and faulty construction and entitle to refund with interest and compensation.
NCLT/RERA/Consumer court are concurrent
NCDRC vs NCLT
My friend is a party to 12 1 C case in NCDRC as a home buyer, where posession has been given with deficiencies in 2016. Final hearing has been shifted three times with long dates despite early hearing request. The prayer is possession with delay compensation. 1. Can he file additional application to optionally allow total refund with if deficiency is proved at the disposal of case for those who dont wish to take possession, as its 5 years now from date of delivery and 3 years in court. There was initial 2 years delay in construction ? 2. Can someone from that group of petioners move NCLT before Ncdrc disposes this case, asking for refund under new rules ?
Asked 6 years ago in Civil Law
17 Answers
You have to amend your complaint to seek additional reliefs of refund of money paid by you with interest
2) during pendency of your complaint with NCDRC you cannot file any application before NCLT seeking refund
1. The prayer clause cannot be amended at the final stage of the case.
2. Yes
NCLT a different platform. It deals with company matters of management not its business matters.
Consumer forum and RERA are the right platform for real estate disputes.
You can claim full refund of your payments for deficiency in service or material defects in the property. For this you application shall be filed to court seeking permission to amend the petition. Better to apply before trial begins.
1. The petition of complaint can be amended if evidence has not started as yet and prayer can be altered adding such alternative or additional prayer.
2. This dispute has nothing to do proceeding in NCLT. So even if any NCL proceeding is tarted the case before the NCDRC can continue.
1. Yes
2.if they move also nclt will deal it on merits
1. See the court will not allow any such application at this stage at this stage it is better to press matter before the NCDRC.
2. See it is better to wait for final order as there is limitation also and dispute is going on in the NCDRC.
Can someone (who is a complainant along wih others in u/s 12 1 C) write his own interim application n represent his views without the presence of his lawyer (say his lawyer is busy for this work) ?
Asked 6 years ago
One can do this with the permission of the court.
One can conduct t his own case without an advocate but if he has engaged an advocate then both the party and advocate can not appear on alternate dates.
Its either of them to appear during the whole proceeding.
You can draft the interim application but it has to be approved by your lawyer and filed by him
it should bear both signatures
Yes he can.
He can present application before commission though if there is Advocate on record then he has to represent the matter.
yes complainant can draft interim application but lawyer signature required.
Yes he can make interim application for allowing the refund till pendency of final arguments but court will not allow interim application for optional refund.
No petitioner can file another can till pendency of case in NCDRC because New suit before any other court or tribunal will not be maintenable till pendency of earlier suit.
1. Since he had initially asked for possession, he has to stick to his own relief, he cannot ask for the alternate relief that may be passed by the court.
You can prefer an appeal if the court is passing an order against this.
2. Nothing can be predicted in this regard, however since they have already approached NCDRC, the NCLT may not entertain any such claim if the respondent objects based on the existing case before consumer forum at the national level.
They can appear as party in person with intimation to court and can present any such application which they may feel it necessary to the case.
Only written argument can be submit not views. Presence of advocate does not require.