State Commission not taking any action on IA of Interim Relief

558 votes

Dear Sir/Madam, In your situation, I would suggest a more strategic legal approach rather than filing another identical IA, which may further delay the proceedings. First, move an Urgent Application for Early Hearing and Disposal of the Pending Interim Relief Application, highlighting that despite repeated hearings, the State Commission has not passed any order. Specifically request interim protection against the builder creating third-party rights, changing the property's nature, or taking any coercive steps. Second, file an additional affidavit placing on record the builder's fresh demand for possession charges and your willingness to deposit any legally justified amount, strictly without prejudice to your rights. Do not deposit money unilaterally unless permitted or directed by the Commission. Third, seek an alternative interim direction requiring the builder to offer possession subject to lawful dues and contractual obligations. Most importantly, if the Commission continues to remain inactive despite repeated requests, we can examine approaching the jurisdictional High Court under Article 226/227 of the Constitution for appropriate directions to decide the pending IA expeditiously. My recommendation is to first create a proper judicial record of the Commission's inaction and urgency. This will strengthen your case for obtaining immediate protection and ultimately securing possession.

Advocate Udit Garg LawRato

945 votes

Since your interim relief application has been pending since December 2025 and the pleadings in the main complaint are already complete, we would first need to examine the existing IA and the previous order sheets to determine why the Commission has not taken up the interim relief application. Filing another IA seeking the same relief may not be necessary. Depending on the existing pleadings, we can consider filing an application for urgent hearing of the pending interim application, along with an additional affidavit expressing your willingness to deposit the admitted or undisputed amount, subject to the Commission's directions and without prejudice to your rights. We can also examine the possibility of seeking interim protection against the builder creating third-party rights in the property, along with appropriate directions regarding possession. Please share the original complaint, interim application, builder's reply, rejoinder, all previous order sheets and the order granting early hearing. After examining these documents, we can advise whether an additional application is required or whether there are grounds to approach the appropriate higher court for relief. Regards, Himanshu Sharma Advocate VIGILANT LEGUM LAW FIRM Delhi

Advocate Himanshu Sharma LawRato