What action can i take if builder still not given possession

769 votes

You can file a case as an association or as an individual against a builder. However, if you have already filed a case forming part of an association then you cannot file a separate case as an individual and cannot relinquish your claim individually.
However filing cases as an association has certain advantages from the prospect of a buyer as the costs decrease and the legal charges and hassles also decrease. The disadvantage however is that you loose the personal touch to your case and are dependent on the decision of the associations.
One solution to the above is that the buyers file cases separately and get them clubbed together at the time of hearing, then the cases are heard together as one but have a different identity and each buyer can withdraw/ relinquish their claims in their case separately.
This facility is available with our firm as we have a group of over 15 lawyers and each lawyer can represent a group of buyers individually. My firm has a first hand experience in handling such kinds of cases and have been successful in getting reliefs to many buyers from the NCDRC. Few such cases by my firm are also pending before the NCDRC. Choosing the best option among-st the many can be decided after carefully looking into the facts and circumstances of your case.
If the cases are genuine and worth fighting for then we can also consider charging nominal fees.

Advocate Aditya Gupta LawRato

726 votes

If other group files case against builder before you do, it does not affect your rights to file a different case against builder. 2) You can file a case with or without forming a formal association. 3) The advantage of associations is there in a representative capacity one member signs all documents say the chairman or Secretary of the association. However, in case there is no association all could give GPA to one member to file on their behalf or all could sign the Complaint as done by a Mumbai based Complainant through the undersigned. In this particular case 28 members have individually signed the Vakalathnamas and Complaint copies. It is admissible in law and procedure of NCDRC.

Advocate Sridharan Rajan Ramkumar LawRato

723 votes

Group of peo[le can file complaint under Section 12 (1) (c) of the Consumer Protection act.

In a recent development by virtue of an Order passed in the matter titled "Ambrish Kumar vs. Ferrous Infrastructure", the response to your queries are as under:-

1.Complaint under Section 12 (1) (c) of CPA is maintainable so long as the grievance of the buyers is common and an identical relief is claimed for all of them. For example, in case of delay in possession refund with compensation and interest has to be sought for all the buyers. It has been specifically clarified that the different reliefs, for example, possession for one or more consumers and refund with compensation and interest for one or more consumers cannot be claimed in a complaint filed under Section 12 (1) (C);

Response to all the queries- If the other group files a case, the other association(registered/unregistered) can file separate complaint only if the grievance and relief sought are different. if the grievance and relief sought are same then consumer or consumers can file an impleadment application. Complaints under section 12 (1) (c) can be filed by an unregistered group of persons (b)co-operative society or a group of co-operative societies, firms, an association unless they themselves are consumers.

Advocate Urfee Haider LawRato

726 votes

There is no need to form an association to file a group case in NCDRC. The only requirement is that the combined compensation is more than 1 crore.
You can file a case even if other group has already filed the case against the same builder.
There are as such no advantages or disadvantages of filing a case as an association. The only thing is that one person can sign the petition on behalf of association wherein everyone has to sign the petition if filed as a group but not as association.

Advocate Ayush Sharma LawRato

843 votes

As per your query i reply parawise as under:-
1 yes, definately you may file another case separately from those group or association but if you are going to file any appeal before NCDRC in that case you shall not file appeal untill you are a party to the case. You may also become a party in those cases which are alreadt pending. ( Depending on the facts of the case)
2 Yes you may proceed with or without forming association before or after the other group And also become party in the case filed by other group. ( depending upon the facts of the case)
3. There is no much advantage or disadvantage if you file separately or in association.
You must file suit for damages and also file criminal cases for fast and better result.
For complete discussion we need some more information about the facts of the case so that we may advise you better.

Advocate Vishal Yadav LawRato