Seller didn't do registry as promised. Half amount paid. What to do?


I bought a flat in Dwarka and have paid Rs.48 Lacs out of the total deal value of Rs.74 Lacs. The person had to get the registry of the same done in November 2013, however, he has not got it done till date and is not responding to my letters and phone calls now.

 

I want to know if the case for this can be filed in the concerned District court or only in the Delhi High Court? Also, how much will be the court fee for this? Is there some way in which the court fee can be avoided / refunded?

 

Please advise.

 

Answer

 

As of now the pecuniary jurisdiction of the district courts is up to 20 lakhs. An amendment has been passed to increase the jurisdiction to 2 crores, however the same has not come into force yet. So the case shall have to be filed in the Delhi High Court only.

 

The court fee is calculated based on the amount. It is Rs 6200 till Rs. 4,00,000 and then Rs.48 for every 5000 above Rs 4, 00,000.

 

Refund of Court fees can be ordered by the court while passing the judgement. It is granted under section 16 of the refund of court fees act read with section 89 of the Code of Civil Procedure which states that the refund of court fees shall be granted in case the matter is settled by way of arbitration, mediation, conciliation or lok adalat (out of court settlement).

 

In other cases, refund of court fees can be prayed but grounds have to be shown for the same to be granted.

 


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