Builder not handing over the possession. What can be done ?
03-Feb-2023 (In Consumer Court Law)
We(6 ppl) have made a complaint & objection in Noida Authority against change in layout plan and additional FAR by builder. we have paid about 95-100% payment. Builder didnot settle final installment from us. then we sent payment by NEFT/DD/Cheques. but cheque not encashed. we (6 no.s ppl) file case in NCDRC with section 12(C) application. public notice for 12 (C) published in news papers as ordered by court. notice issued to builder. builder in reply cancelled our flat on ground that we made a complaint against him at Noida Authority and some payment is also due. he gave illegal possession (fit-out possession) to 900 ppl without registry. can we get permission to continue case in ncdrc under section 12(C). total flats in project are 1500 and all are completed. NCDRC gave stay on cancellation upto next date. How can we get immediate possession and withdrawal of cancellation of flats. we are just 6 persons. builder challenged section 12(C) of CP Act. how can we counter his challenge.
Your complaint is sustainable in NCDRC as per pecuniary jurisdiction. On the next date of hearing you have to push for getting the stay to be absolute until the final disposal of the complaint. since immediate possession is sought as your main relief you will have to wait till the matter goes to final hearing.
File an application under Section 3 B and seek an interim Order from NCDRC against the Builder for immediate possession.
Has Builder filed Response?
How has it challenged Section 12 1 (C).
You can continue the matter before NCDRC. What is ur apprehension in that?
Entire facts are required to form a firm opinion
Has Builder filed Response?
How has it challenged Section 12 1 (C).
You can continue the matter before NCDRC. What is ur apprehension in that?
Entire facts are required to form a firm opinion
Your case is already subjudice, and the NCDRC has already stayed on the cancellation of your flat by builder. Just wait and watch the proceedings, fight your case well in NCDRC, if then you are not satisfied with the order of NCDRC you have all right to go for the appeal in your case.
Hi, as the case is proceeding in NCDRC, you may file additional/miscellaneous applications for setting setting aside the cancellation order by the builder and also for the additional compensations. You may find the relief from there.
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.
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