Re-appealing to consumer forum
We had gone through an agreement with a promoter, for making a G+2 building in our property area with the 40% of sanctioned building as our share and 60% being his share. We gave him the power of attorney to build the construction with his own expense and make several flats and sell to the people.
Further he made another floor on top of it with no sanction plan and sold it . So currently the building constructed is of G+3( which is illegal also, according to the municipal corporation).
He didn't fulfill the agreement. Our first advocate wrongfully demanded only Rs 1 lakhs to the district consumer court, he didn't demand anything from the top floor( we told that advocate to demand to sanction the top floor and then give our 40% share as per the agreement) and the verdict also has given as only the compensation of Rs 20 thousands and complete our allocated portion of flat.
But according to our valuation we might get more than Rs 20 lakhs.
We have also appointed new lawyer.
My question is can we reappeal again with a new demand (which should be more than Rs 20 lakhs) by totally ignoring the previous demand?
My new lawyer is saying first file an execution petition for the pervious verdict and get Rs 20 thousand and the completed flat, and then start another case in state forum, demanding around Rs 35 lakhs which is the proper 40% share of the sanctioned area, including the top floor?
Is it possible to file a case this way second time ?