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Settlement in ncdrc but builder is not abiding it
09-Aug-2023 (In Consumer Court Law)
We had done settlement with builder in NCDRC but builder is now not abiding by it , what legal remedy do I have. People have suggested that I go for execution..so want to check if it's correct and how much time does it take for execution in NCDRC....can I fike a case of cheating
Hi,
Going by the facts provided by you.
It is advisable to go for execution of the order of NCDRC. In execution NCDRC have immense power such that they can even send the directors of the builder company to jail.
Secondly as corona has been on the go the usual timing would be 12 - 18 months.
You can also file criminal complaint.
For any advice do connect.
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Adv. Ayush Kapur
Delhi | 200+ Answers
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Your answer must be available in the settlement agreement itself.
Without reading the same , it is difficult to advice you in the present matter.
Prima facie I dont think case of cheating is made out.
Rest can be adviced only after reading the settlement.
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Adv. Shivam Sharma
Delhi | 100+ Answers
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Well, execution is one option. But, Since the settlement award is with you, you can file the contempt of the order of the NCDRC. if it has been recorded in the order that settlement has been done. This will make sure, through pressure tactics that either the builder abide by the settlement or face the contempt of court/tribunal.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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