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Possession delayed for flats booked with builders at Jaipur
16-Jul-2023 (In Consumer Court Law)
I had booked a flat in a project of a well known builder at Jaipur. The possession was supposed to be handed over about 30 months back. The cost of the flat is about 30 lacs. Which Consumer Forum will entertain the case : 1. District Consumer Disputes Redressal Forum 2. Rajasthan State Consumer Disputes Redressal Commission, or, 3) NCDRC, New Delhi Please clarify that if 10 or more flat owners combine and wish to file a complaint, will they be able to file the same at NCDRC ?
Sir,
law is settled for your query
Pecuniary jurisdiction is defined under section 17 of the Consumer protection Act 1986 Subject to the other provisions of this Act, the State Commission shall
have jurisdiction—
(a) to entertain—
(i) complaints where the value of the goods or services and compensation, if any, claimed exceeds
rupees[twenty lakhs but does not exceed rupees one crore] where as for National commission if a combined complaint is filed then it should satisfy the section 21. of the abovementioned Act Subject to the other provisions of this Act, the National Commission shall
have jurisdiction—
(a) to entertain—
CONSUMER PROTECTION ACT,
(i) complaints where the value of the goods or services and compensation, if any, claimed
exceeds rupees one crore;
In my opinion all the parties shall file complaint before state commission and take interim relief because if the case is dismissed by the national commission then the scope of remedy will be nothing but the Supreme Court, wherein if the Matter is filed before state commission then remedies will be easy to get and interim relief can be expected from the court. State commission or National Comission both the courts have equal powers.
law is settled for your query
Pecuniary jurisdiction is defined under section 17 of the Consumer protection Act 1986 Subject to the other provisions of this Act, the State Commission shall
have jurisdiction—
(a) to entertain—
(i) complaints where the value of the goods or services and compensation, if any, claimed exceeds
rupees[twenty lakhs but does not exceed rupees one crore] where as for National commission if a combined complaint is filed then it should satisfy the section 21. of the abovementioned Act Subject to the other provisions of this Act, the National Commission shall
have jurisdiction—
(a) to entertain—
CONSUMER PROTECTION ACT,
(i) complaints where the value of the goods or services and compensation, if any, claimed
exceeds rupees one crore;
In my opinion all the parties shall file complaint before state commission and take interim relief because if the case is dismissed by the national commission then the scope of remedy will be nothing but the Supreme Court, wherein if the Matter is filed before state commission then remedies will be easy to get and interim relief can be expected from the court. State commission or National Comission both the courts have equal powers.
Helpful?
13+
13+
Adv. Divesh Sharma
Jaipur | 100+ Answers
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You will file it in State consumer Dispute redressal forum..
Its not depend on number of file its depend on value of file so you will file it in state forum.
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Its not depend on number of file its depend on value of file so you will file it in state forum.
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Helpful?
11+
11+
Adv. Piyush Rathore
Jaipur | 25+ Answers
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Hi
1. Disputes above Rs 20 lakh are to be filed before State consumer forum.
2. Yes, you can also file a complaint before National consumer forum if the dispute involves amount above Rs 1 crore.
3. You can also file a civil suit for specific performance of contract and handing over possession along with damages for delayed possession.
Before initiaitng any of the above, it is advisable that you send a legal notice to the concerned builder/developer as it might open a way for mutual settlement.
1. Disputes above Rs 20 lakh are to be filed before State consumer forum.
2. Yes, you can also file a complaint before National consumer forum if the dispute involves amount above Rs 1 crore.
3. You can also file a civil suit for specific performance of contract and handing over possession along with damages for delayed possession.
Before initiaitng any of the above, it is advisable that you send a legal notice to the concerned builder/developer as it might open a way for mutual settlement.
Helpful?
19+
19+
Adv. Prabuddha Sharma
Jaipur | 100+ Answers
CONTACT NOW
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