Legal Question in Consumer Law in India

I have filed a case against a builder for refuse to hand over the building even after paying full payment. Order was passed ex-party by the district consumer forum with compensation with advise to hand over the building with in two months time. The builder has gone to the applete authority ie. state consumer forum and submitted application which was given SR number with in one month of the district forum order. But we got to know that the application was rejected as he had not paid 50% of compensation amount to the court.

1. Kindly clarify me , whether the builder has to pay 50% of the compensation in the district forum with in one month of the order to go for further appeal.

2. If the application is rejected by the State forum for not paying the 50% amount can the builder still appeal after paying the amount, even though the date (1month) is over.

3. Is there any other option available to him to go for further appeal giving some reasons for his delay. I am in serious doubt as I received a private notice from his lawyer quoting a FA number. Does this mean the case is filed and will be heard by hon'ble judge?

thank u in anticipation of ur reply


Asked on 11/11/13, 8:58 am

1 Answer from Attorneys

Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

1. depends on the wording of the order of the district court.

2. It is the discretion of the state commisssion

3.He may have obtained a stay of the district courts order and the apeal may have been admitted.

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Answered on 11/11/13, 10:11 pm


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