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Author Topic: refund is not getting from Builder  (Read 994 times)

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Offline sudipjoshi1234

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refund is not getting from Builder
« on: September 01, 2016, 05:13:38 AM »
Hello sir,

my queries are:
1) state forum provided him direction to deposit money in district forum for compliance of district forum order within 4 weeks. but he is not deposited money even after 8 months. can state forum dismiss his case for not compliance of order??
2) if case is run in state forum, how much interest will be give by state forum and from which date? district forum awarded me 18% interest from 1st payment date.
3) state forum has not given any stay on execution but Opposite parties using various tactics to delay execution. is there any citation available for it??
4) he has sold its property in June 2013  after my layers notice.  he has not informed me nor stick notice on his office for new address. is there any reference for same type case?

my case details are as follows :

Appealed is accepted by State forum. state forum has condoled his 549 days delayed.
1) 1st legal notice sent by my lawyer in 2013 January.
2) 2nd and 3rd notice sent by layer.
3) case was register in district forum June 2013.
4) Court has given ex parte orders in 2014 due to not delivered summons/ letters.
5) after that i have registered execution,  he was appeared in court in 2015 February.
6) then he has appealed in state forum "he has saying that he has not received any notice/ summons because he has sold his office/house in june 2013".

desperately waiting for your advice sir,

thank you.

Sudip Joshi

Offline adv.amarnath

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Re: refund is not getting from Builder
« Reply #1 on: September 13, 2016, 09:26:14 AM »
I think you are not clear about your case. You have been misguided by your lawyer to some extend. Court cannot fix ex parte if summons are not being served. You should have gone for paper publication.

State Commission cannot condone 549 days delay until day to day explanation is being given by the Appellant. Your lawyer should have dismissed the Appeal at the time of hearing of condonation of delay petition.


Amarnath Sanyal
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