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Delay in possession builder not responding to summon by consumer court


11-May-2023 (In Consumer Court Law)
i have booked flat in 2012 in hebbal 20 %money paid sales cum construction agreement made but not given possession . case file in state consumer court 2015 so far many notice sent to builder by court but acknowledgement not received by court. recently hand summon released by court . what to do ? builder is not ready to refund money also. please guide
Answers (3)

Answer #1
770 votes
Instead of wasting sending the summons, you could have filed an application for paper publication. You have wasted the time. Tell your advocate to file an application to publish the summons in the local news paper. Inspite of publication party failed to appear before the court, he will be placed as an ex-parte then you can proceed with the case.
Answer #2
695 votes
Dear friend,
In your case either there has been not best effort put from your side in sending notice or the court has been slow , in either case loss is yours , any how he will appear before court for sure , delay or so . You can even take a criminal case initiative if he fails to receive the notice intentionally and you can file separate case for forgery , he would run to settle things with you .if require you can approach us.
Answer #3
521 votes
Hi
Please ensure that the hand summons is served on the builder, if done, he should contest the case on merits. You can also file an interim application in the state consumer not to sell your booked flat to third parties. In the state consumer you should get a favorable order on merits of the case, hopefully in this case you shud have prayed for refund of money, you should get back u r money as well as compensation.
Pratap, Advocate

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