Questions and Answers April 2024
Question 1: I didn’t provide the required amount for filing the appeal, resulting in its dismissal by default. Can we submit the appeal again?
Answer: An appeal cannot be admitted unless the rule is followed. Since you did not deposit the required decretal amount as mandated by law, the appeal was not admitted. You can adhere to the rule and file again for admission.
Question 2: Why does the NCDRC require written arguments before the final date in the RP case?
Answer: In this procedure, parties are required to submit written arguments before verbal arguments. Moreover, the court can issue directives to file any necessary documents or information to reach a logical conclusion. Litigants, whether consumers or opposing parties, cannot dispute the authority of the court in any way.
Question 3: What action can I take if the opposing party has submitted incorrect evidence or an affidavit in court?
Answer: While advancing your case, you can refute the opposing party’s evidence by presenting your own and demonstrating its inaccuracies. You provide compelling evidence to support your position and substantiate your case. Additionally, you have the option to pursue a perjury case, which is a criminal offense, against the individual who filed the false affidavit. However, you must possess solid evidence to support your claim. Failure to do so may result in the opposing party filing a malicious prosecution case against you.
Question 4: What action can be taken regarding a builder who has not completed the project in the past 11 years, nor refunded the money, with the project not registered with RERA and no taxes submitted to the government thus far?
Answer: Following the enactment of RERA 2016, all ongoing projects were required to be registered with RERA. You can file a case before RERA with your details and request relief. Alternatively, you can approach the consumer commission, but you must choose one avenue. The court will address issues regarding non-registration with RERA or non-payment of taxes. RERA has the authority under section 18 to ensure the return of your principal amount with interest.