1) association should have been registered in Up
2) for filing case in consumer forum jurisdiction would depend upon the reliefs claimed
3) if amount claimed is over one crore then national commission would have jurisdiction
Have formed society association in Delhi and living in Noida
I am living in Amrapali Silicon city Noida Uttar Pradesh. Few residents of our society have formed association named "Silicon city social welfare association" in Delhi and as per certificate this can be operate in Delhi only. Certificate given by Registrar of Societies Delhi. This is not RWA just association. I would like to understand that such association would be helpful for us to legal fight with builder or not ? Builder office is also in Noida Uttar Pradesh. Our District court is Noida and high court is in Allahabad . As we know National Consumer Disputes Redressal Commission's office is in Delhi so we need Delhi certificate so filing case or filing case in any court we need Delhi certificate . I also want to fight with builder but with proper legal document . for the information , UP Registrar office is in Merrut . Please guide.
Asked 8 years ago in Property Law
Religion: Hindu
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7 Answers
Hi
you should file a consumer complaint depending on the value of the compensation in distinct or state forum where the opposite party resides or usually run his office or conducts business. if the amount is more than one crore then in the national forum if the amount is more than one crore.
Your association certification is not anything which can bring any advantage in dispute or legal fight against the builder
you should have your property documents in place.
if the association is moving against the builder in the court the existing local registration /certificate you mentioned is enough to represent and initiate proceedings
1. You cannot move the National Consumer Disputes Redressal Commission directly. Any grievance in relation to deficiency of services by the builder has to be first agitated in the District Consumer Forum, the order of which can be appealed to State Forum and finally National Forum in Delhi.
2. The jurisdiction is with the Noida District Court if your property is situated in Noida.
3. In the absence of RWA the individual owners can fight their own battle.
You can get the association registered either in NOIDA or in Delhi.
The purpose is to sue the builder.
If you feel that the property is in UP then you can register the property in the UP' s nearest registrar office.
Sir , As explained earlier , I am living in one society in Noida , where completion certificate is pending from authority . Our society is in Noida and few residents have formed one association ( it’s not RWA it’s a welfare association ) in Delhi and as per certificate this can be operate in Delhi only ( Area of Operation – Delhi ) , as per law all Noida society RWA are registered in Merrut UP or any other societies , trust etc. Sir I would like to understand whether this form of association can file case in court ( National Consumer Court ) Delhi or Noida Distt Court or Allahabad High Court ( After rejection in Noida Court). Sir , I am in that condition where builder and few residents are doing an anonymous job. Such people are interacting with builder directly on all residents behalf where residents doesn’t give them any sort of written confirmation. They are not discussing right things as per contract and going in unnecessary things. Can I file any case against this association if they make any wrong things on behaf of all residents in future and that’s impact me or any one , since we are not part or member of this association. Please explain.
Asked 8 years ago
1) as per registration certificate association can operate in delhi only .in case any legal proceedings are taken by association In Up objection can be raised as to whether it can represent all flat owners
2) all members should get together and form RWA registered in Up
3) if you are aggrieved by any decision taken by the Delhi regd association you can drag it to court
Look if you taste defeat in Noida court then appeal can be filed to only that court which exercises appellate jurisdiction over the Noida court, i.e Allahabad High Court. A judgment rendered by a court cannot be appealed to the court which does not have the jurisdiction to hear appeals from the judgments of the trial court.
Sir I would like to understand whether this form of association can file case in court ( National Consumer Court ) Delhi or Noida Distt Court or Allahabad High Court ( After rejection in Noida Court).
It is to be seen that why did the NOIDA court reject this case and what were the reasons cited in it. ?
If at all a lower court has dismissed the case, an appeal can be preferred in the next appellate court only and not directly with the National forum directly.
Can I file any case against this association if they make any wrong things on behaf of all residents in future and that’s impact me or any one , since we are not part or member of this association.
You have full rights to seek justice against the person who has done wrong against you which affected you by loss of many things, namely, life, limb, time, energy, money and so on.
You can directly sue the builder for all the injustices meted out to you by him. If the association has not directly caused you any harm or damages, you have no basis for filing a case against them. If they are interfering into your rights for the privileges in the flat/property, you can file an injunction suit against them restraining them from do so which you consider to be detrimental to you on those counts which you are affected.