Lily Majumdar
in Civil Law
Asked June 14, 2017

Seller not registered flat and water supply stopped

  • 1 Answer
  • 207 Views

We filed a case in a district forum as seller was not registering the flat and stopped the water supply. We won the case and court ordered compensation of 55k and registration to be done in 1 month. We filed execution in the same forum as respondents failed to comply. Our flat got registered through the machinery of forum. Since our water supply was not restored, but respondents insisted that water supply is there, so we requested enquiry from the court. After U.D. inspection, it is found that water supply is not there and we are fetching water from outside sources. Its been 18 months, since the execution is going on. Now respondents advocate pointed out that in execution only two orders were mentioned 1. for execution and 2. for compensation. No mention of restoration of water supply is mentioned. So, court asked to pay compensation within a month and already we have received 50% of the compensation from one Jdr1. We are elderly couple and my husband is a senior citizen. We have been advised to either approach state commission or high court for immediate water supply. We also got an opinion that writ petition will not be entertained, since it is a consumer court case. Kindly advise, where we can get cost effective and speedy justice as my husband is retired and we do not have additional source of income. As we can not live in the same house, we need to move other city, so personal appearence will be difficult.

Answer 1

 

 

 

 

Dear Sir/madam,

Do take a certified copy of the exact order that was passed by the District Forum as well as from the executing court. Do not believe in verbal communication.

Approach the executing court for full execution and compliance. And let the court be informed about the current situation by emphasizing the point that the behaviour of the builder is still the same. This non-obeyance of the court’s Order, amounts to Contempt of court – which is punishable. Bring this to the court’s notice.

Because essentially all the builder agreements contain water and electricity as an integral part of the builder-buyer agreement. Go through the agreement once more in order to check whther it talks about or contains certain stipulations regarding providing electricity and water supply after gaining possession over the said property.

However, for an immediate remedy – you must approach the High Court.

Agree Comment 0 Agrees about 4 years ago

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