Execution of court orders in NCDRC, Delhi

We had booked a flat in 2010, possession of which was to be given in 2014, but not completed even 50% till date. We a group of buyers filed case in NCDRC, and got a refund order along with Interest from court, but builder has not given any refund in the given timeline, now we are planning to file for execution of the NCDRC order with a suitable lawyer which is yet to be appointed. Now as a separate effort, we discussed at builder's office for swapping of a ready property, now they want us to submit a request letter for the same, now our query is that , giving this type of letter will have any legal consequences on the execution filing.

Answers (3)

305 votes

Dear Sir, firstly you all should decide the course of action whether you would like to go with the execution of the order or the swapping of the property ,in case of swapping of the property you would be signing the legal documents and it will be with terms and conditions so better to see the terms and conditions first to know exact outcome of the legalities.

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291 votes

Yes, it will have effect upon the order you have already been awarded. Though, if the flats the builder is offering is ready to move in then you can do it as it would be beneficial for you as well. However, if you want you money back and are not interested in flat any more then you should directly file the execution and take your money back.

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It is more advisable in your situation to send them a notice stating that they have failed to comply with the orders of the Court and give them time to refund the amount with interest or as an alternate releif provide an alternate plot/ flat of the same value, size etc.,

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