consumer case order modification

Question

I have got a refund order almost a year back from the Karnataka state consumer forum against the builder who has not appeared in court for defending. Recently came to know that my lawyer did a mistake, he did not mention that my flat (which is partially constructed) is already registered and mortgage in the bank in the petition while filing the case. As a result, I got a refund order whereas all other associate members (120 nos) of society asked for construction right to the association have been permitted. Most likely builder is not going to refund my money so I wanted to get a construction order to build my remaining construction of my own. Can I approach the state forum again by presenting my sale deed which was not mentioned in my earlier petition by the lawyer and ask for a modification of the order to construction rights? I am ready to pay common amenities cost to the association and do construction inside my flat which is already registered in my name. Pl suggest.

Arya 1 Answer 338 views
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Answer ( 1 )

  1. instalegal
    0
    2020-11-18T17:31:45+05:30
    Reply

    Yes, you can file a revival application along with application to place on record additional documents and modification of the Order already passed according to the New documents to be placed on record. It is the Court discretion to either revive the disposed case and modify the Order or You may have to file a review application with the permission to place on record new documents which were inadvertently left out at the time of presentation of the case.

     

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