File A Complaint Against Builder For Refund After Cancellation
I had paid some booking amount to a builder the plot. Due to some reason, I had to cancel our booking and after multiple follow ups, builder refunded some amount. Inspite of several follow ups, the builder is not refunding the remaining amount. He ha... Read More
I had paid some booking amount to a builder the plot. Due to some reason, I had to cancel our booking and after multiple follow ups, builder refunded some amount. Inspite of several follow ups, the builder is not refunding the remaining amount. He had also sent emails about the time line for refunding the remaining amount along with interest but when the date comes, he again delays it. Can a case be filed in RERA against the builder?
- Answered on 05:11 PM, 12 Feb 19
The RERA laws prescribe the grounds on which a home buyer can take legal action against a builder stated as follows:
- When the builder delays the delivery of property possession.
- When the builder fails to comply with the real estate laws and rules.
- When the builder uses substandard quality of construction material and there is some deficiency in the property.
- If there is any change in the structural plans of the property implemented by the builder without prior approval from the buyer.
- When the builder fails to comply with the local laws and starts construction without obtaining relevant permissions.
- When the builder fails to obtain the Completion Certificate or the Occupancy Certificate.
- If the builder has created a third-party interest in the property, i.e. sold the same property to another buyer.
- If the builder has cancelled the buyer’s booking or halted the property construction for no substantial reason.
Once a valid ground to file a RERA complaint against the builder is established, a complaint can be easily filed. The RERA complaint procedure begins with the RERA lawyer in India drafting the complaint application to be submitted with the RERA Authority. The complaint is drafted in the RERA application format prescribed under the State rules where the property is situated.
The complaint to be filed with the RERA Authority includes all the relevant information relating to:
- Information about the buyer and builder.
- Information about the property including the address, description and the RERA registration number.
- The issue faced by the buyer.
- The remedy sought from the builder.
The complaint is filed along with the documents that pertain to the following:
- The sale-purchase between builder and buyer like sale deed and agreement to sell.
- The payment made by the buyer like the copy of cheque, bank statement, or payment receipt.
- The copy of the legal notice sent to builder.
- Any conversation between the buyer and builder.
The complaint and accompanying documents are filed with the RERA Authority along with the prescribed fee. After receiving the complaint, the Authority or Adjudicating officer looks into the matter, hears both the sides and takes into consideration the facts of the case and evidence submitted.