Mr
4 years ago
I filed a cases against builder in 2016 regarding late possession of flat and my cases was dismissed by the court as builder has given photocopy of Document which shows that I had received the possession of the flat during registration of my flat in the year 2015 on a plain paper.As per my knowledge I had doubt that I had signed any such documents, Actual possession was given to me on 20/11/2019 but date mentioned on the letter head is 15/2/2019 . How builder can issue 2 letter regarding possession in 2 different date. Please suggest if I can file case against him for this now or not.
Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi Yadav,
If the case / complaint is dismissed, let's not move again before the consumer forum instead moves before RERA tribunal.
Thanks
If the case / complaint is dismissed, let's not move again before the consumer forum instead moves before RERA tribunal.
Thanks
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A.HI
Since photocopies are not admissible as evidence, not sure how the court could rely upon a photocopy and dismiss your case.
You should file an appeal against the order of lower court.
Also since there are 2 documents i.e 20/11/2019 and 15/2/2019, the builder is liable to be punished under , Section 209 Of IPC (dishonestly making a false claim in a Court as an offence punishable with imprisonment upto two years and fine.).
So you can file a compliant under Section 340 of cr.p.c against the builder for making false claim in the court will investigate the matter and thereafter punish the builder(accused) u/s209 of IPC
Hope this information is useful.
Since photocopies are not admissible as evidence, not sure how the court could rely upon a photocopy and dismiss your case.
You should file an appeal against the order of lower court.
Also since there are 2 documents i.e 20/11/2019 and 15/2/2019, the builder is liable to be punished under , Section 209 Of IPC (dishonestly making a false claim in a Court as an offence punishable with imprisonment upto two years and fine.).
So you can file a compliant under Section 340 of cr.p.c against the builder for making false claim in the court will investigate the matter and thereafter punish the builder(accused) u/s209 of IPC
Hope this information is useful.
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A.Dear Sir,
Without seeing the documents how can an expert answer your question. You must have approached higher court challenging such order. Definitely you will win producing electricity bills, water bills etc., Photo graph is not exclusive and conclusive prove. Your advocate might not have rightly projected the case. Try you will win in the appellate court. He cannot give two possession letters.
Please give me Rank 5
Without seeing the documents how can an expert answer your question. You must have approached higher court challenging such order. Definitely you will win producing electricity bills, water bills etc., Photo graph is not exclusive and conclusive prove. Your advocate might not have rightly projected the case. Try you will win in the appellate court. He cannot give two possession letters.
Please give me Rank 5
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