Complaint against builder if property is registered under UP RERA
I purchased two flats in Greater Noida. The project is registered with UP RERA and the builder is not doing any construction work and possession date has already crossed. My current residence is in Delhi. Can I file a complaint against Builder in UP ... Read More
I purchased two flats in Greater Noida. The project is registered with UP RERA and the builder is not doing any construction work and possession date has already crossed. My current residence is in Delhi. Can I file a complaint against Builder in UP RERA, with the hearing in Delhi?
- Answered on 02:23 PM, 28 Sep 18
Registration of property has been made mandatory under RERA. Project delays, frauds, defaults in agreements are common problems these days that a home-buyer is likely to go through if they get involved with the wrong developer. The lengthy trials only add to the injury of the home buyer.
To file a complaint under RERA, you need to consult a RERA advocate to get your complaint drafted. The RERA lawyer will draft the complaint and include all the necessary details relating your grievance. The complaint will be filed and evaluated by the RERA Authority. Once the complaint is accepted, the RERA advocate will represent your matter before the authority. You do not need to personally appear before the UP RERA if you stay in Delhi and your lawyer will represent your matter.
The other way is to file a consumer complaint against the builder. The case for consumer protection under the Consumer Protection Act,1986 can be filed where the opposite party has its main office or headquarters or where the cause of action has arisen. The case should, therefore, be filed with UP consumer forums having jurisdiction. Consumer protection laws will help you get refund and compensation that you deserve in this situation. You must hire the best Consumer Protection Lawyers in India for this case to go through smoothly. Consumer Protection forums protect the rights of home buyers. The case should be filed with the court having appropriate pecuniary jurisdiction.
The cases in which the remedies sought is below 20 lacs will be dealt at District forums, cases seeking remedy above 20 lacs and up to 1 crore should be dealt with State forums and the cases seeking remedies above 1 crore would be dealt at National Consumer forum.
Consumer protection cases start with sending a notice to the construction company before filing a formal complaint. It is important to see if the opposite party is willing to compensate and is ready to make compromises. If the developer doesn’t reply then you can take the help of consumer forums. A formal complaint has to be submitted to the consumer court explaining the issue and the remedies along with the compensation you seek. You must connect with the consumer protection advocates in India to deal with this situation efficiently.