Execution of judgement against builder issued from Uttar Pradesh
21-Mar-2023 (In Consumer Court Law)
Hi, I had booked under construction flat (total cost 54Lacs) in Indirapuram, Ghaziabad and also file case in state consumer court. Judgement is passed in my favor with 10% refund within 3 months, after then 18%.
My question is builder can challenge it and where?
What can I preplan for if builder planning for challenge and not in mood of returning fund?
What is the procedure for execution and how much time it will take?
Should I approach to NCLT with other buyers as in group?
Please suggest !
Thanks.
Builder can only challange it in NCDRC and there is no other way to set aside the award passed by State commission other than NCDRC. moreover, if you guys want it to be executed move execution petition for compliance and there are ways to bind the builder for non compliance of same. NCLT won't entertain now.
the builder can file an appeal within one month from the date of order before National Commission against the order passed by the State commission. you can file a caveat petition before National Commission to avoid any exparte order. for execution of order you can file a execution petition before state commission under section 25 of the consumer protection act and the state commission shall transfer the matter to civil court for execution and can also issue recovery certificate to the collector who shall recover the amount as an arear of land revenue. further you can file contempt application under section 27 of the act .you need not to approach NCLT.
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