Can the case be maintainable at Consumer Forum?
Situation: X and Y family members jointly bought a residential unit from a builder. X died intestate..his 50% share (self acquired Property) got to be decided by Civil Court among legal heirs and other claimants who are disputing the X's share.
There is a delay in completion of the project by three years already by builder resulting fiscal setback to Y. The builder is defaulter for interest and penalty on delayed possession.
Please advise on A) and B)
A) Can the case be maintainable at Consumer Forum if filed by Y only against the builder in Consumer Forum before the pendency of matter gets resolved among the legal heirs of X share in court?
B) Can't the legal heirs be implicated as parties at Consumer Forum Once the legal heirs be decided by Civil Court? more
There is a delay in completion of the project by three years already by builder resulting fiscal setback to Y. The builder is defaulter for interest and penalty on delayed possession.
Please advise on A) and B)
A) Can the case be maintainable at Consumer Forum if filed by Y only against the builder in Consumer Forum before the pendency of matter gets resolved among the legal heirs of X share in court?
B) Can't the legal heirs be implicated as parties at Consumer Forum Once the legal heirs be decided by Civil Court? more
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In my viewL 1. There is a delay in construction and handing over possession. It amounts to deficiency in service. The complaint can be taken up before Consumer Forum. The only point of dispute is deficiency in service for non-construction of the property and this is not a stand alone construction for this buyer only. Others are also equally affected. Even the other buyers also can file joint complaint before State Commission/ National Commission. 2. The complaint can be filed for deficiency in service by any of the joint holder or the surviving one. 3. If the heirs of the deceased partner of the joint property can prove that they were also the intended beneficiary of the property and hence are the intended consumer, they can also file the joint complaint. more
May 02
1. Please define X & Y. Such as- A. Cousins B. Siblings, C. Spouses, D. Parent-Children (Father-Son or Mother-Son or Mother-Daughter or Father-Daughter, etc.) Its only after you define X&Y that the matter can be understood. more
Apr 30
All kith and kins become heirs automatically if the heirs sons and daughters if expired then their childrens are the benefactors,and no one can stop them. more
Apr 29
Plz. see your agreement all the terms and conditions mentioned in it. Y can file complaint before consumer court or file civil suit before civil court more
Apr 29
