Contempt of court proceedings against a builder
14-Aug-2023 (In Consumer Court Law)
I have a case going on against a builder in consumer court for not providing the possession. The case is in the court for last 4 years and till date only exchange of documents is taking place and argument has not even started. The primary reason for the delay is that OP never submits its document on time and takes a year every time to submit any response or evidence by way of affidavit etc when actual time granted by court is only 8 weeks. But court still grant them more time in ever hearing instead of taking any action.
1. Can I initiate contempt of court proceeding against the builder in consumer court for willfully delaying the case and not following court orders to submit the documents in stipulated time?
2. The court had asked the OP to submit written arguments and listed the case of arguments. What will happen if the OP still not submit the written arguments? Will the argument take place? I have submitted my written arguments.
1. There is solid ground to completely turn the case in your favour. A very strategic step can and should be taken at this stage;
2. If the OP does not submit written arguments, as per the present course I guess he will be granted more time. However, if step 1 is followed, this won't be an issue.
2. If the OP does not submit written arguments, as per the present course I guess he will be granted more time. However, if step 1 is followed, this won't be an issue.
Helpful?
23+
you may file an application for expedited hearing in the matter and also for closing the right of the op to file reply/ objections/ arguments etc. this cannot be considered as contempt of court per se.
Helpful?
15+
I would rather advice you to file a complaint against the builder at RERA authority. The disposal of complaints is time bound and the process is much simpler. However you will have to withdraw your complaint from here.
Helpful?
22+
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