Advocate Aditya Chopra

Questions Answered by Advocate Aditya Chopra

Q: Cheating by builder can we go to consumer court

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

Advocate Aditya Chopra answered
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.

Q: Property given to builder for making building but he committed fraud

Relig.Sikh - We hired a builder to make building on our ancestral property but the builder makes only 2 floor not completely and back off, now he filed a case in court that he gives us Rs.45 lac & buy this property from us. we hired a lawyer which is our known but he is also fraud and did not submit any single paper from our side in court, now judge is going to close the case on next date and saying that you may reopen your case and the new hearings will be start from new dates, what should we do now? do we lost our property in this case? we don't have any other property instead of this. 

Advocate Aditya Chopra answered
Firstly, Can you specify what kind of an agreement had you entered? Secondly, it is difficult to respond to your queries without seeing the papers filed by the builder and the papers that you actually have to falsify his claim.