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What next post Order from State Consumer Court against Builder?
29-Jul-2023 (In Consumer Court Law)
Three queries:
Case: 95% money paid to builder 11 years back for a house. No possession till date. Took 03 years to get the State Consumer Forum to pass an order this July against Builder (Ansals, Lucknow) to give possession of house within next 03 months or refund amt with 18% interest since the time money was paid by me.
Query 1: Is the Court order automatically received by the Builder or do I have to ensure that a copy of the order has been received by them?
Query 2: Likely that the Builder will not execute order. In that case how long am i supposed to wait before I approach the Court for an Executive Petition?
Query 3: Which Court to approach for EP.....National Consumer Court or the same State Forum?
Thanks and regards for the good work
1:- Builder knows about the order as they were opposing you on the other side but it would be proper to send the order by speed post to the builder and keep the postal receipt with yourself.
2:- As court has ordered to give you possession within 3 months, so you should ideally wait for 3 months.
3:- You should be approaching the forum which has passed the order and in this case you will be approaching the state commission
2:- As court has ordered to give you possession within 3 months, so you should ideally wait for 3 months.
3:- You should be approaching the forum which has passed the order and in this case you will be approaching the state commission
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Adv. Prashant Chandra
Lucknow | 200+ Answers
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I have peruse your all queries but I am unable to understand that whether the builder was appeared and file it's written statement or not. if the builder filed it's written statement then there is no need to send copy of the judgment to the builder. secondly in consumer protection act the builder can file appeal before national commission against the judgment of state commission so after the expiration of appeal period you can file execution petition. Thirdly you should file execution petition against the builder before State Commission who passed the judgment only. if you want any further information or any other advice then contact me without any hesitation through administrator of this website
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Adv. Rajeev Srivastava
Ghaziabad | 400+ Answers
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