Can I transfer my consumer case against the builder?

Advocate Ayantika Mondal Answered: 18 Nov 2024

You cannot directly transfer your consumer case to a civil or criminal court as they have different jurisdictional powers. However, you can file a separate civil suit against the builder for damages or seek an injunction based on builder's nuisance. If the builder's actions fall into the field of criminal activity like harassment and fraud, you can go ahead with filing a criminal complaint then. It would be best to consult a lawyer who can guide you in the best course of action based on the specifics of the case and how you can use both consumer and civil avenues.

Advocate A M Iktear Uddin (anik) Answered: 01 Nov 2024

You cannot shift a consumer court case to a civil or criminal court due to different jurisdictions. It’s best to continue pursuing your case in the consumer court. If the builder is preventing you from using your property, you can apply for interim relief, such as an injunction. If the builder's actions involve a breach of contract, consider filing a separate civil suit for damages. For unlawful actions, you may file a criminal complaint with the police. This would be independent of your consumer case but may help if there are grounds for criminal charges. It's advisable to consult with a lawyer who can help you assess the best course of action.

Advocate By LEAD INDIA Answered: 01 Nov 2024

Sir, if the consumer court case is taking a long time the builder is causing nuisances so you may file a civil suit for harassment and you can also seek an injunction to prevent the builder from interfering with your use of the property. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.