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Can NCDRC close case because I have 4 builder buyer agreement
12-Jun-2023 (In Consumer Court Law)
Self & wife are joint holders,4 agreements in a single Commercial tower called complete vertical unit, for which we got a 10% booking discount.A single loan runs common for all 4 units. Project delayed by 6 yrs beyond BBA completion date. Case at evidence stage in NCDRC. Can the case be shot down by NCDRC stating that I am not a consumer since I have 4 separate BBA, inspite of being given a complete vertical unit discount &making many payments as single CQ & taking a single common loan for all 4 floors as one CVU (ground,1st,2nd,& 3 rd floor). Builder is asking to quash on this ground.
No you have to established that this is comprised and composite flat which having four floors and not a separate four units and not a commercial purposes purely for a residential purposes for your joint family Property but applied by your names and also purchased for future prospects the said flats as a security but not used as commercial purposes. You can also give an example that if anyone has four cars and in that case he can approach the consumer forum. If you fails to established than difficult to pursue further
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Adv. Harsh Kumar Gautam
Delhi | 100+ Answers
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Hi,
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
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Adv. Ganesh Singh
Delhi | 500+ Answers
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The builder must be seeking for dismissal of your consumer complaint on the ground that since you have 4 separate agreements, you have purchased the units for commercial purpose. However, there is a difference between commercial purpose and commercial use. Now all depends upon what you have written in the consumer complaint. If ncdrc holds that you have purchased it for commercial purposes then your complaint can be dismissed as you will not be considered a consumer within the consumer protection act . All depends upon what stand has been taken by you or your lawyer in the complaint . For example , if it is stated in the complaint that the units were booked to support your and your wife's livelihood then you might be able to succeed .
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Adv. Suneet Bhardwaj
Delhi | 25+ Answers
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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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