Advocate Renu Gupta

Questions Answered by Advocate Renu Gupta

Q: Builder declared bankrupt how can we claim our money back

Hello, We booked a flat in geater Noida around 4 yrs back and only 15% of the work has been done yet and now builder does not have funds. We are a group of buyers and filing case in NCDRC. However, In case builder goes bankrupt,is there any chance of getting our money back as he already has to pay huge amount to NOIDA authority for land purchased.

Advocate Renu Gupta answered
Only after you have a judgment in your favour granting you compensation, can you seek enforcement of the same. When execution proceedings are filed, assets of the defaulter will be attached. Date of execution proceedings will also depend upon appeal filed by builder against the judgment and any stay granted,

Q: Deficiency in service by travel agency what action can we take

I had booked air tickets for my guests through a Delhi based travel agency against advance cash transfer to this agency's bank account. Once guests reached Bangkok, their return tickets were, without any reason or advance information, cancelled unilaterally by this agency and refund pocketed, as confirmed by airlines. Where can I file consumer case and how?

Advocate Renu Gupta answered
You can file a consumer complaint for deficiency of services by the travel agency before Delhi State Consumer Commission which entertains complaints where relief claimed is upto Rupees 20 Lakhs. Good luck

Q: Can a plaint be amended by adding one more issue.

court has fixed issues. I want to add one more which is deciding factor and proof lie on part of defendant. How it can be done. No hearing after framing issues.

Advocate Renu Gupta answered
Please file an application for amendment of your plaint. You will have to give detailed reasons for seeking amendment. Once an application is filed, it will be listed before court and you will have to convince the court about the necessity of amendment and that it is needed in interest of justice.