Comment on Arbitration Lawyer or Advocate at New Delhi by M Jayaprakash.

I purchased an aprt. from a builder and the work is yet to start by the builder. As per the agreement the builder has to deliver the flat within 42 months which will be sometimes in next year june. I wanted my money to be refunded by them since they do not have certain approval till date to construct the aprt. There is an arbitration clause in the agreement. The builder is ready to return money after deducting the brokerage which in fact they have not paid to broker.
How do i move in this case?. Can i file a case in consumer court before the breach of contract as per agreement?.Your valuable suggestion is solicited.

M Jayaprakash Also Commented

Arbitration Lawyer or Advocate at New Delhi
Dear Sir

My question was 1) whether I could go to the consumer court or not before breach of agreements?. (The BBA signed was 42 + 6 months from the date of allotment or constructions whichever was later. I signed the BBA in Nov 2013 and as per the 1st clause this year Nov will be completing 48 months. They have asked next installment for excavation in Dec 2014 but not started the same for want of certain approval.
2) Should I revoke the arbitration clause first then go to court?
3) Should I go for mediation first or not?.
4) Arbitrator will be appointed by the company only.
5) They had some approval but i understand they do not have certain approval.
6) Police complaint & Local court will be waisting too much time
Request professional reply so that I could take up the case immediately.


Recent Comments by M Jayaprakash

Advocate Lawyer for consumer cases in Delhi
I purchased two villas from a builder who formed a trust. the entire money was paid to him in 2010 itself but the builder did not complete one villa and the other almost completed but no amenities has been provided as promised. The second one is completed till roof level only. Builder was supposed to complete the villas within 11 months of paying the full amount. First, the builder allotted the land and construction is done on our behalf for which he had taken POA from us. The builder was supposed to give fully furnished villas with all amenities besides some gift land and rent till completion of villas.

One of the victim filed an IP for bankruptcy and along with him around 140 more people have joined the petitions. The case is dates back to more than 3 years in sub court for adjudication. The property of the builder has been under receiver administration as of now. There is not much progress expected from this case.

My question is Can i approach the NCDRC (it exceeds 1 Cr with rent and other compensation etc) if a case is pending at the sub court?.

I would request a competent lawyer Delhi who had taken up such cases in NCDRC and won recently to contact me.

Also have one more case to be discussed urgently.


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