Builder Flat- Case
6 months ago
I had filed a case against builder in district consumer court in back 2021 that they are not paying my Pre EMI under subvention scheme till i don't get possession and One year back i again had filed a case in UP RERA against same property that i need a possession with delay penalty. So is this legal? can i file two cases in two different court on same property but both the cases have different subjects? Builder has given a WS on the judgement day to both the court the i cant file two cases on same property. Please suggest.
A.Dear Client,
An aggrieved person cannot file multiple cases at a time or simultaneously before different Forums or Courts claiming relief for the same subject matter or cause of action. The onus solely lies upon the complainant or plaintiff to prove before the Court that the subject matter or cause of action of the cases are different and not the same. If the Courts are satisfied with your pleadings or submission, then your case may be allowed before the different Courts. Otherwise, your case may be rejected at the admission stage. So, consult with an Advocate before filing the case before the different Forums/Courts at a time.
An aggrieved person cannot file multiple cases at a time or simultaneously before different Forums or Courts claiming relief for the same subject matter or cause of action. The onus solely lies upon the complainant or plaintiff to prove before the Court that the subject matter or cause of action of the cases are different and not the same. If the Courts are satisfied with your pleadings or submission, then your case may be allowed before the different Courts. Otherwise, your case may be rejected at the admission stage. So, consult with an Advocate before filing the case before the different Forums/Courts at a time.
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A.Dear Client
Filing multiple cases in different courts for the same property or subject matter is permissible in certain circumstances, especially if the cases address different aspects of the issue. In your situation, the cases appear to have distinct objectives: one in the district consumer court regarding the non-payment of the Pre EMI under the subvention scheme and the other in the UP RERA for possession with delay penalty. It's essential to ensure that the cases are not redundant or overlapping, and each case addresses different aspects of the issue or involves different legal claims.
Filing multiple cases in different courts for the same property or subject matter is permissible in certain circumstances, especially if the cases address different aspects of the issue. In your situation, the cases appear to have distinct objectives: one in the district consumer court regarding the non-payment of the Pre EMI under the subvention scheme and the other in the UP RERA for possession with delay penalty. It's essential to ensure that the cases are not redundant or overlapping, and each case addresses different aspects of the issue or involves different legal claims.
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