Consumer court judge not allowing to admit our case due to our giving reference of NCLT Court order against builder
We filed case against builder in consumer court belapur for not giving possession on time i.e. 31/03/2022 (possession date)
a) To highlight some minus points of builder, we mentioned in our case about builder have taken more than 80% payment from home buyer. Also taken around 200 Crores institutional loans for this project.
b) We also mention that one company to whom builder had given contract of construction of buildings @ 100 Crore, have paid only 90 Crore only. For balance 10 Crore, that company file case in N.C.L.T. Court No. V, Mumbai Bench under Section 8 & 9 of the Insolvency and Bankruptcy Code, 2016. Afterwards on the basis of the settlement between both parties, that company petition has been withdrawn.
Consumer Court Judge take strong objection on Point No. B above of NCLT matter and did not ready to admit our case with Point No. B in case filing. He asked us to withdraw our cases and permit us to file new cases without mentioning Point No. B.
We seek your guidance on :-
1) is it incorrect on our part to disclose builders default as per NLCT Court matter.
2) if it is correct to put NCLT Details in our case, then what will be our pledging in writing to protect our side with proof of other case details in same matter.