Transfer of matter from RERA to State Consumer Commission

I have not received my flat’s possession in a co-operative society for 6-7 years. They had wrongly charged me with escalation charges and other penalties for no reasons stated in the demand letter. I have filed a complaint in RERA and I failed to app... Read More

I have not received my flat’s possession in a co-operative society for 6-7 years. They had wrongly charged me with escalation charges and other penalties for no reasons stated in the demand letter. I have filed a complaint in RERA and I failed to appear on the first date as in U.P. I live in Lucknow and my matter is before Bareli Development Authority. So I could not travel due to personal reasons. My query is how do I dismiss my matter in RERA and file the same in State Commission?
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Answer (1)

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Team Legistify

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RERA authorities have the right to dismiss a case for continued non-appearance of any or both the parties. You must hire the best RERA lawyers in India to ensure that such issues do not arise in your disputes under RERA. 

The complaint can be withdrawn from RERA with the permission of the State Commission. Then you may file a new case for remedies before the State Commission, Lucknow explaining the cause and seeking remedies. You must hire the best RERA lawyers in Lucknow to ensure that your case is well-represented and you get the relief that you deserve. For the case to be eligible to be contested in the state commission should be of the value of more than 20 lacs to 1 cr. However, if the case value is higher, the case would go to the national commission.

The jurisdiction of the forums under the RERA Act are as follows:

  • District forum : When the remedy sought is less than 20 Lacs.
  • State Commission : When the remedy sought is between 20 Lacs and 1 crore.
  • National Commission : When the remedy sought is more than 1 crore.

The case has to be filed with the commission within a period of 2 years,since the period you had realized that the builder is trying to fraud you. The Commission doesn't entertain any delayed complaints. However, before reaching out to a forum, the petitioner should give a written notice to the other party. if the other party doesn't give a suitable reply or claims that the notice contains nothing but lies and fraudulent matters ,the petitioner has the power to reach out to the concerned consumer forums.

For filing a new complaint in the District, State or the National commission :

  • Get the consumer complaint drafted which should contain the issues,the circumstances,and the remedies that the petitioner is seeking.
  • Attach all the necessary documents that should identify both the parties involved.
  • Required fees should be submitted with the commission.
  • Affidavit should be submitted.
  • Proceedings will take place.

An appeal procedure also lies against the orders of National consumer forum to the SC within 30 days of the said order. 

The case can, however, also be transferred from one district forum to another district forum following the provisions of section 17A of the Consumer Protection Act,1986 that is, also after seeking the permission from the State Authorities. The case can be transferred during any stage in the proceedings. You must hire the best RERA lawyers in Lucknow to ensure that your case is well-represented and you get the relief and remedies that you deserve.

Answered on 28 Sep 2018


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