85+ Lawyers are online 
CAN A GROUP OF 10 VICTIMS FILE CASE IN NCDRC DIRECTLY AGAINST BUILDER
27-Feb-2023 (In Property Law)
In Bangalore, one Real estate has cheated thousands of customers on the name of cheap Flats in different projects since year 2012. Since beginning, Builder's intention was not to give flat and ran away with our hard earned money. Victims have filed FIR and doing protest but only a few victims want to file case in NCDRC. Can a group of a few victims of same builder's different project, file case directly in NCDRC if total claim of the group is above one crore ? Is forming Association mandatory to file case in group in NCDRC ?
As per the latest judgement of a full bench of NCDRC, one can combine cases and file a class action suit, not just on behalf of the ones approaching the court but on the behalf of entire set of similarly placed individuals where cause of action is same. Such cases cannot be filed as an association. in your case if projects are different it would be difficult to establish common cause of action. We would normally recommend filing individual cases before appropriate forum to avoid any future complications of maintainability.
Helpful?
19+
19+
You can file jointly a complaint before ncdrc if all of you have same cause of action and jointly your pecuniary limit will be more than one cr. Against the same builder.in my veiw forming association is not mandatory to file case before ncdrc
Helpful?
21+
21+
Adv. Puja Shrivastava
Delhi | 100+ Answers
CONTACT NOW
As you have been cheated buy builder I suggest you to file is suit for recovery and thereby moving application for attachment of property if there is any remaining property of the accused / despondent instead of filing a case in consumer forum.....
Helpful?
20+
20+
Adv. Siddharth Dev
Delhi | 200+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
