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Need a legal help for filing the case in NCDRC
29-Sep-2023 (In Consumer Court Law)
I own a villa in a high end project which comprises of 1800+ apartments and 52 Villas. Out of which, apartments and first 29 villas ( out of 52) were developed on one parcel of land where as rest 23 villas were developed with different development and building plans on an adjacent land (which developer had started constructing after getting OC for the larger project of 1800+ apartments and 29 villas). At the time of purchase, altogether it was shown as one property and we had access to larger property facilities. But later , larger property association got an injunction against the developer and owners of 23 villas as trespasser. Since the very beginning of dispute, developer has been assuring us of our rights and facilities but as such nothing has worked in our favour and the case is subjudice in High court. It has been almost 3 years for me get occupancy of the villa , so I want to know if I can file a case against developer in NCDRC for compensation and refund of arbitral charges.
You can file a complaint against the Builder in NCDRC for deficiency in services and unfair trade practices adopted by the Builder under the consumer protection act 1986, wherein you can claim compensation education charges as well as litigation expenses incurred to file the case.
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Dear Client
Yes you can claim compensation before NCDRC from your builder, however, finally advice can only be given after looking at all your papers especially the arbitration clause and proceedings in the arbitration. Consumer court provides remedy in addition to other remedies and not in contravention, thus you can safely proceed to NCDRC and claim compensation and damages from the builder which can include the cost of litigation as well. Feel free to contact or make an appointment to meet for detailed discussion.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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Yes u can file a case under it because it is ur property and u have bought and they have Mis used it so u have the right to file the case against them and all u can tell the court and all about it u can file a case where U can file a case against them
And tell the court u are the actual
Owner and all
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Adv. Yash Karan Jain
Delhi | 400+ Answers
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Yes a complaint seeking compensation and refund can be filed before the NCDRC within 2 years from the date of cause of action. We have to examine as to when the possession was supposed to be delivered as per the BBA. For further consultancy you may consult us.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Yes, a case before NCDRC can be filed if the value of the property is more than one crore individually or collectively. Please consult an advocate for filing of the complaint together with Affidavit(s).
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Adv. Hemendra Kumar
Delhi | 25+ Answers
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