Can I appeal in-front of consumer forum in individual capacity? Can I appeal in-front of consumer forum in individual capacity?

2 years ago

I am from Thane, Maharashtra. I purchased flat in 2011 and got possession in Jan 2022. Builder did not form society for almost so all flat owners applied to deputy registrar and formed society in non cooperation in April 2021.

After society formation builder is not giving transparency in society maintenance funds.

Members are scared to discuss this further.

Can I appeal in-front of consumer forum in individual capacity?

Anik

Responded 2 years ago

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A.Hi,
Yes, you can move legally in individual capacity. If there is any breach of agreement, you can file a civil suit in court by consulting a lawyer. If there is a service defect, you can file a case in consumer court.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Here is question that Consumer forum or a court has to decide whether not disclosing the funds utilization is a service defect or a breach of contract. This question first needs to be answered by the court. If it is a service defect then you can go to consumer forum else you will have to go to a civil court. Yes in individual capacity as one of the owners you can do so.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Yes, you can approach Consumer Forum in person and conduct your case by yourself as Party-in-Person. For any guidance you may directly approach Section clerks of Consumer Forum office and get photo copies of pleadings so that you can prepare the petition by yourself.

I could have explained more if background is known to me. I am at your service if you visit my office.

Please give me FIVE STAR if satisfied by my answers and you may approach me through Vidhikarya for further clarifications.
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Vidhi Samaadhaan Vidhi Samaadhaan

Vaidehi Samant

Responded 2 years ago

A.Yes you can appear in individual capacity but you will have to have knowledge and knowhow of certain laws (Consumer and civil) and their applicability and general legal process of such Court or you should be able to get such necessary procedures if any done with the help of any clerk or a helpful Court official. So you may go ahead if you are confident to represent your matter yourself by mentioning accordingly in the petition and seeking permission from the Court. Thank you.
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