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Cheating by builder can we go to consumer court
04-Aug-2023 (In Consumer Court Law)
Builder cheated and delayed posession and there is clause in builder buyer agreement that any dispute will go into arbitration. but buoilder has also cheated us, where he took certain amount for electricity connection and now asking to take connect from government now my question is when builder is cheating us by giving false promises and took money from us can we file case in consumer court or we have to go to arbitration tribunal
Dear Sir/Mam
you can file a COnsumer complaint against the builder and also file a criminal complaint against him for cheating in the police. you have been deprived of your rights and you have full right to file a complaint in the consumer forum.
the matter can also be resolved under the arbitration as the agreement states.
you can file a COnsumer complaint against the builder and also file a criminal complaint against him for cheating in the police. you have been deprived of your rights and you have full right to file a complaint in the consumer forum.
the matter can also be resolved under the arbitration as the agreement states.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Yes, you can approach the consumer court for deficiency in service and delay in delivery of possession. However, you are advised to first send a Legal Notice to the builder demanding an explanation for the disputes that have arisen. Further, you are advised that jurisdiction of the Consumer Forum will be on the amount of compensation claimed, which will be directly related to whether you are asking for full refund of amount paid and giving up possession altogether, along with compensation, or accepting possession (whenever offered) but with adequate compenstation.
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Adv. Mishika Singh
Delhi | 100+ Answers
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Hi,
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
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Adv. Ganesh Singh
Delhi | 500+ Answers
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U can file a consumer complaint and simultaneously invoke the arbitration proceedings as both arbitration and consumer matter are independent proceedings. Please understand that arbitration clause can be invoked for any dispute in relation to the terms and conditions of the contract. However, for any other dispute in relation to deficiency of services, you can approach the consumer forum for getting your dispute adjudicated.
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Adv. Aditya Chopra
Delhi | 25+ Answers
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Sir,
This is a settled law that you may approach any of the tribunals. As consumer protection act is a special statute no agreement can bar you from approaching the Consumer court. Your builder may raise objections but there is nothing to worry about
This is a settled law that you may approach any of the tribunals. As consumer protection act is a special statute no agreement can bar you from approaching the Consumer court. Your builder may raise objections but there is nothing to worry about
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