Which Is Better Among RERA, NCDRC And NCLT To File A Complaint Against Builder?

I booked a flat with Mahagun at Sector 79, Noida in November 2013 to be delivered by March 2018 failing which, a penalty of Rs 10/- per sq ft per month will be paid. The flat is not yet handed over and is likely to be offered for possession in Dec 20... Read More

I booked a flat with Mahagun at Sector 79, Noida in November 2013 to be delivered by March 2018 failing which, a penalty of Rs 10/- per sq ft per month will be paid. The flat is not yet handed over and is likely to be offered for possession in Dec 2019- a delay of 21 months. I wish to claim a refund with interest. What will be the best option among NCDRC, RERA, and NCLT to file a case for refund taking into consideration NCDRC & Supreme Court verdict on May 19 & August 19 respectively?
Read Less

Answer (1)

Karishma Pandit

Karishma Pandit

  • Sector-1, Noida

You should file a petition in NCLT as that creates maximum pressure on the Builder to settle the matter. Also, you would get shorter dates of hearings in NCLT. Insolvency Bankruptcy Code (Amendment) Ordinance 2018 that recognizes homebuyers as financial creditors under the insolvency law. Once the claim is admitted in the NCLT, the most beneficial effect is that the very next day the board of directors of that company gets suspended and it creates a lot of pressure on them. Consult a property lawyer in India to know the best remedy as per your case.

Answered on 19 Sep 2019


Was this answer helpful?

Didn't find the answer you are looking for?

Talk to experienced lawyer online and get your answered in minutes.

Advocate Prabhakar ShettyAdvocate Atit JainAdvocate Maneesh AroraAdvocate Tapesh Agarwal+50