File complaint before national commission as claim inclusive of intetest , compensation amount claimed is over one crore
2) don't file case before state commission by reducing your claim. mount
State Forum or National Forum
Possession of flat is getting delayed by 3 years . Earlier possession date was Dec 2015 and now new date provided by builder is Dec 2018 , already 100% , around 86 lac(excluding Registration) has been paid to builder . 20% paid by me and 80% by the bank to the builder . Now I’m paying both EMI and rent since Jan 2016, no relief from the builder and he also refuses to refund money . Now seeking to file a case in Consumer forum asking for refund from the builder . Refund amount is 86 lac (principal) + bank interest + loss of IT benefit + Legal Charges = 1 Crore+ What all my options ? . 1) Can I file a case in State Forum requesting court to direct builder to refund the bank loan amount (80%) directly to Bank and the 20% + Compensation to me , this way I keep my part compensation amount way less than 1 crore and become eligible to file the case in state forum ? Not sure if it is permissible 2) Or Do I need File a case in National forum only because compensation amount is just over 1 crore? 3) Any other option please ?
Asked 7 years ago in Property Law
Religion: Hindu
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7 Answers
Your case has to be filed before the National Consumer Forum as you are seeking cancellation of the agreement to sell and construction and consequent to cancellation you are seeking refund of the entire amount paid by you amounting to Rs.86.00 Lakhs, along with this if you add up the interest @ 10% pa from date of last payment to the date of realization of this amount it would be around 10 Lakhs, add to this if you demand litigation cost say around Rs.50K, the total amount you would be seeking from the builder would be more than 1 Crore, thus the State Commission would not have jurisdiction to entertain the complaint. Only the national commission can hear and dispose off your complaint.
However you can seek cancellation and refund of Rs.86 Lakhs + Interest of 10.00 Lakhs only till the date of filing of complaint, add to this litigation cost of Rs.50K, the total adds up to only 96.50 Lakhs way below 1.00 Crore, then you can file the complaint before State Commission. Or alternatively demand only the principal amount + interest from date of filing of complaint along with litigation costs, and damages which then entails you to file the complaint before the State commission.
I would suggest these as your best options.
1) i want to keep the case in state forum because of logistics issue , so thinking to file a case in State Forum requesting court to direct builder to refund the bank loan amount (80%) directly to Bank and the 20% + Compensation to me , this way I keep my part compensation amount way less than 1 crore and become eligible to file the case in state forum ? Is this technically possible . Will court allow such petition 2) Also if above point 1 not possible and i file in state consumer, the compensation amount is 96 lac at the time of filing the case and since the case would take time to reach on conclusion , obviously the compensation amount would increase as interest part will increase and then it will definitely crosses 1 crore , what will I do in that situation ? will i need to move the same case to National forum or i would be allowed to run the case in state forum ?
Asked 7 years ago
1) if amount claimed is less than one crore you can file complaint before state commission
2) seek recovery of Rs 96 lakhs with intetest
3) the jurisdiction depends upon amount claimed on date of filing of complaint
1. The jurisdiction lies with National Forum if you seek refund of what was paid by you and also the refund of the amount disbursed by the bank. It is the aggregate of the amount that is to be seen. If it crosses 1 crore it is the national forum alone that can try it.
2. You may though move the state forum if you restrict yourself to what was paid by you and the interest.
1. Since you have been made to suffer the losses as well as mental agony, you can very well seek relief through consumer forum against the builder. Before that issue a legal notice demanding your reliefs including cancellation of booking due to the fault of builder who has inordinately delayed the completion of construction an even now it is not in sight.
You can claim the refund with interest and also the compensation amount for the mental pressures and other incidentals.
2. If the pecuniary jurisdiction comes under National commission, then you may have to approach the National commission only.
3. Consult a local lawyer and take his advise on the procedures to be followed in this regard.
1) i want to keep the case in state forum because of logistics issue , so thinking to file a case in State Forum requesting court to direct builder to refund the bank loan amount (80%) directly to Bank and the 20% + Compensation to me , this way I keep my part compensation amount way less than 1 crore and become eligible to file the case in state forum ? Is this technically possible . Will court allow such petition
The calculation will be based on all the demands you have made which includes the interest portion too as well as the compensation you have sought from the builder, so you decide how you are going to calculate and what amount you wish to claim The court will not interfere in your claim amount.
2) Also if above point 1 not possible and i file in state consumer, the compensation amount is 96 lac at the time of filing the case and since the case would take time to reach on conclusion , obviously the compensation amount would increase as interest part will increase and then it will definitely crosses 1 crore , what will I do in that situation ? will i need to move the same case to National forum or i would be allowed to run the case in state forum ?
You have to calculate the entire claim amount which includes interest, compensation etc in one go and cannot keep adding them at your convenience at a later stage in frequent intervals.
Your case shall be liable to dismissed for giving afterthought reasons.
filing the complaint before the state commission seeking cancellation and refund along with interest from date of filing of complaint would be the best option. This way the state commission can entertain the complaint and you need not file the complaint before the National Commission.