Applicability of RERA on a project developed in 2014

Can I file case against developer if compressive strength of structural member is 100kg per cm2 as against designed 450kg per cm2? The building is of 21 floors and this has been observed now on 10th floor. The developers have given possession in 2014... Read More

Can I file case against developer if compressive strength of structural member is 100kg per cm2 as against designed 450kg per cm2? The building is of 21 floors and this has been observed now on 10th floor. The developers have given possession in 2014. Can I register complain against developer?
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Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

RERA will not be applicable to the instant case. Rera Estate Regulatory Act, 2016 is a recent development and does not apply restrospectively. Unlike DRT, there exists no provision for mandatory transfer of cases to RERA for adjudication. However, you can file a case for cheating or fraud under Indian Penal Code, IPC with the help of best criminal lawyers in India since the builder defrauded you. You can also file a case for breach of contract and claim relief under specific Relief Act, if the discrepancy and fraud can be proven with the help of a legal document. 

Cheating as defined under S/420 of IPC is deceiving a person so to deliver a property or inducement in regards to the same. In your case, there has been delivery of money on your part by false representation of facts and thus you can file a criminal suit in a court of appropriate jurisdiction. Fraud and misrepresentation has been committed. Further you can also file a case for breach of contract under the Indian Contract Act if you can produce the document with the specifications promised. Thereafter you can claim relief under the Special Relief Act.

The Real Estate (Regulation and Development) Act, 2016 was enacted to protect the rights and interests of the property buyers and to promote uniformity and standardization of business practices and transactions in the real estate sector. It lays down a fast-track dispute resolution system. RERA strives to balance the interests of consumers and promoters by imposing certain responsibilities upon the real estate developer and to establish symmetry of information between the promoter and purchaser. 

Answered on 28 Sep 2018


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