Saachi Khurana | Legistify

Saachi Khurana
Answered on 22 Jul 2019

You can go ahead in RERA. Though RERA also considers the builder buyer agreement but if in the letter-head the possession date is given then you can fight for possession and the delayed penalty on it. In RERA there is online filing and then there are proper hearings done in RERA court. The judgement is given within 5-6 months. READ: Builder-Buyer Agreement Under RERA You can proceed further with the matter with the help of an experienced RERA lawyer in India who will help in your matter. READ: Remedies Available To Home Buyers Against BuildersRead More

Posted on 20 Jul 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 23 Jul 2019

A buyer may file a RERA complaint with the RERA authority if it violates the terms of the RERA Act or the rules and regulations imposed on a promoter, allottee or estate agent. A buyer can consult Property lawyers in Noida to file a RERA complaint about the following reasons: 1. Delay of Possession: If a builder delays the delivery of the possession of a property, the buyer has the power to file a complaint under RERA. The complaint can be submitted to receive immediate delivery of the possession or to get full reimbursement of the amount paid along with interest. READ: Refund From Builder In Delayed Possession Matters Under RERA 2. False advertisement: If a false or misleading advertisement, notice or prospectus is presented by the promoter from which an allottee has deposited an amount with the promoter, a RERA complaint may be filed by RERA advocates in your city. 3. Advance payment: A deposit of 10% of the cost of the building, apartment or land can be obtained as a down payment. If a builder requires more than this upfront payment, the buyer can consult Top RERA Lawyers to file a complaint in RERA. 4. Improper registration of a project: It is imperative that all projects are registered under RERA, 2016 with the regulatory body. If a contractor sells an unregistered project or attempts to sell an unregistered project, the buyer can file a RERA complaint by hiring RERA lawyers. 5. No project details: All project details must be updated on the Regulatory Authority website. Property Lawyers in Punjab can be consulted to file a RERA complaint if this provision is not met. 6. Structural deficiencies: In the case of structural defects in the workmanship and quality of services, the promoter must reimburse the amount paid by the allottee. 7. Transfer and assignment: A promoter cannot transfer the majority rights to third parties. However, this is possible if a two-thirds majority of allottees are satisfied with it. Therefore, as mentioned above, you can file a complaint under RERA in case of structural deficiencies or quality of services which includes the non-allotment of parking. You can consult our experienced RERA lawyer in India who will guide you in your matter.Read More

Posted on 22 Jul 2019 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 20 Jul 2019

You can file the complaint against the builder in RERA (Real Estate Regulatory Authority) regarding the delay penalty, possession or refund whatever the issue you're facing, RERA will send the notice to the builder to appear and if he fails then your counsel can move the ex-parte application which means one-sided judgment. READ: Rights And Duties Of Home Buyers Under RERA For getting relief from your matter, you can consult our experienced RERA lawyer in India who will suggest and assist you in your matter. READ: Remedies Available To Home Buyers Against BuildersRead More

Posted on 19 Jul 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 22 Jul 2019

The Real Estate (Regulation & Development) Act, 2016 promises to exclusively protect homebuyers, a distinction, buyers of property did not enjoy before the law came into force. Of course, the legal remedy was available to homebuyers earlier, too. READ: Real Estate (Regulators and Developers) Act, 2016 They had the option to approach the National Consumer Dispute Redressal Commission (NCDRC), the apex consumer rights body in India, in case of a discontent. The NCDRC entertains a complaint valued more than Rs. 1 crore. In case a buyer has to file a complaint against a developer where the total amount involved is less than Rs. 1 crore, they have to first go to the district-level authority and then the state-level authority to claim justice before they could approach the NCDRC. Last year, however, the Supreme Court in a landmark ruling said that buyers can get together and form groups to directly move the apex body. Homebuyers still needed a real-estate centric law for other reasons, too. Unless a consumer files a complaint, the NCDRC cannot initiate an action. It can also not run an investigation into a matter. The same is not true of the Real Estate Regulatory Authority (RERA). Only a registered agency or consumer can file a complaint with the NCDRC which is not the case with the RERA. The NCDRC can only impose a fine on a defaulting developer; it cannot award on him a jail term. The RERA, on the other hand, can slap a fine on a defaulting promoter or impose jail time. It can also choose to do both. Is the consumer forum still relevant for homebuyers? In a recently concluded workshop of sector stakeholders, RERA chiefs of several states have opined that homebuyers be barred from approaching the consumer forums. These forums, they say, only focus on getting the consumers compensated while the mandate with the RERA is to ensure buyers’ interests were also protected and stuck projects are also completed. Buyers approaching consumer forums, they say, is acting as a major hurdle ineffective implementation of the real estate law, and this issue must be rectified. READ: How To File A Consumer Complaint In Consumer Forum in India? The powers of consumer forums might be limited. But, let us not lose sight of the fact that the NCDRC does not lose its relevance for homebuyers altogether after the arrival of the RERA. For starters, the panel has a great track record as far as the litigation success rate is concerned, an area where the RERA has yet to prove its credentials. Over the years, the panel has modified laws to make them more consumer-friendly. Recently, the NCDRC made changes in the Consumer Protection Act to provide major relief to homebuyers. It ruled that developers cannot force buyers to settle their disputes through arbitration by restraining them from approaching consumer forums. State real estate authorities can follow this example to attain greater success. Keeping all these in mind, it is safe to say that if you are not satisfied with the RERA order, you can definitely move to NCDRC. For more clarification, you can consult our experienced RERA lawyer in India who will guide you further in your matters.Read More

Posted on 20 Jul 2019 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 19 Jul 2019

No, you cannot sell that property where the case is under legal proceeding. If you do so then the purchaser can file the case against you. As this is the matter of Fraud. You can consult our top RERA experts in India who will guide you for the same.Read More

Posted on 17 Jul 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 19 Jul 2019

You have to file an application for enforcement of order under section 40 of the Act, which deals with Recovery of interest or penalty or compensation and enforcement of orders, etc. “Recovery of interest or penalty or compensation and enforcement of orders, etc. Sec 40 (1) If a promoter or an allottee or a real estate agent, as the case may be, fails to pay any interest or penalty or compensation imposed on him, by the adjudicating officer or the Regulatory Authority or the Appellate Authority, as the case may be, under this Act or the rules and regulations made thereunder, it shall be recoverable from such promoter or allottee or real estate agent, in such manner as may be prescribed as an arrears of land revenue. READ: Process Of Execution Of RERA Order In Case Of Non-Enforcement Sec 40 (2) If any adjudicating officer or the Regulatory Authority or the Appellate Tribunal, as the case may be, issues any order or directs any person to do any act, or refrain from doing any act, which it is empowered to do under this Act or the rules or regulations made thereunder, then in case of failure by any person to comply with such order or direction, the same shall be enforced, in such manner as may be prescribed. You want to have more clarity speak to our RERA experts in India who will help you in filing the case against the non-compliance of RERA order.Read More

Posted on 16 Jul 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 19 Jul 2019

File a complaint under The Real Estate ( Regulators and Developers) Act (RERA). A homebuyer can exit a project. However, one cannot exit the project without undergoing a monetary dent in some cases. READ: Real Estate (Regulators and Developers) Act, 2016 As per the Real Estate (Regulation & Development) Act, 2016 the allottee has the right to withdraw from the project provided he/she does so when the promoter is at no fault. The promoter is entitled to forfeit the booking amount paid for allotment, the remaining amount is to be returned by the promoter within 45 days of such withdrawal. READ: Remedies Available To Home Buyers Against Builders That is if one leaves the contract because of a personal emergency or invest his money elsewhere, then one loses about 10 per cent of the property cost. To proceed further with your case you can consult our experienced RERA lawyer in India who will guide and help you for the same.Read More

Posted on 17 Jul 2019 | 1 Answer

Aditi Singh | Legistify

Aditi Singh
Answered on 18 Jul 2019

You can file a complaint against the builder in RERA for return back over-payment. You may give a cap of 10% of the cost of the building, apartment or plot as advance payment. If a builder asks for an advance payment more than this, the buyer can consult real estate development lawyer to know how to file a case against the builder in RERA. READ: Builder-Buyer Agreement Under RERA Still not satisfied with the information may be our top RERA lawyer in India can help you.Read More

Posted on 17 Jul 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 18 Jul 2019

RERA (Real Estate (Regulation and Development) Act, 2016) complaints can be disposed of in 3 to 6 months. The main objective of the RERA is to provide quick results in real estate matters. READ: How To File A Complaint Under UP RERA | RERA Complaint Procedure You can consult our experienced RERA lawyer in India who will help you with the filing and representing you matter in UP RERA and aslo guide you for the same. READ: Timeline Of A Complaint Under RERA Against A BuilderRead More

Posted on 17 Jul 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 19 Jul 2019

The RERA Act is said to be violated by the builder in the following cases: Delay in property possession by the builder from the date it was promised to be delivered. Refusal to cancel the booking upon the request of home buyers. Use of poor quality of construction material. Changes in the structural plan or property layout without the approval from at least ? of home buyers. Failure in obtaining the required approvals and permits from the local authorities or not complying with the local laws. Failure in obtaining the Completion Certificate or Occupancy Certificate. Creating a third-party interest in the property i.e. selling the property to any other buyer as well. Refusal to pay the refund amount. READ: Interest On Delayed Possession Under RERA Non-compliance with the builder-buyer agreement. Non-compliance with the real estate rules and laws in India. You can seek for the delay-interest or refund+interest in case the project less than 50% complete. Now, in the procedure to file a complaint at RERA is given below: Any person who has an interest in a project can file an application with the RERA authority. The application can also be filed online, as per the format available. The complainant must provide the particulars of the applicant and the respondent. The registration number and address of the project. A concise statement of facts and grounds of claim. The reliefs and interim reliefs, if any, sought.” To initiate proceedings before the adjudicating officer for compensation under RERA, the complainant needs to file a similar application. This application must also be made in the prescribed format and must contain particulars similar to those required in the application to the RERA authority. You can consult our expert RERA lawyer in India who can suggest you how to proceed futherwith your matter.Read More

Posted on 18 Jul 2019 | 1 Answer