Advocate Abhishek Singh | Legistify

Advocate Abhishek Singh
Answered on 06 Jun 2019

You can approach RERA under section 18 of RERA act for refund in case of delay in handing over of possession. Since you are asking for refund due to delay in handing over the possession, under section 18 of the RERA Act you are entitled for refund along with compensation due to delay, so you can approach the RERA authority for the getting the refund. Since he has promised the possession in November 2017, you are entitled for complete refund along with delay penalty. For filling the case you need to go to UPRERA website and enter the details as asked for and then make a payment, thereafter your case will be registered and a date will be provided to you at the later stage on message and phone number. One needs to be extremely vigilant while filing the case on rera website as you will only get what you have asked for. For further details contact legistify.Read More

Posted on 04 Jun 2019 | 3 Answers

Harini S | Legistify

Harini S
Answered on 15 Mar 2019

You can claim interest on the amount paid after the possession of flat. You can do so by filing a case in RERA with the help of an expert RERA lawyer in India, who will file a complaint on behalf of you and also attend the court proceedings on your behalf. READ: Rights And Duties Of Home Buyers Under RERA Read More

Posted on 15 Mar 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 14 Nov 2018

In your situation, the builder can only apply for a Partial Occupancy Certificate, mentioning the parts of the property that are complete and stating the parts which are incomplete.  Once the project is completed, the Partial OC will become invalid and builder would need to apply for a complete OC. The builder cannot obtain a complete OC when the parts of the project are incomplete and cannot force you to move into the project. If the builder fraudulently obtains a complete OC, you can file a complaint against the builder with the RERA Authority. READ: Timeline Of A Complaint Under RERA Against A BuilderRead More

Posted on 10 Nov 2018 | 1 Answer

I had paid for the booked flat 45%of the agreement sale amount, flat I was still not complete, builder offered to me take registration after payment, otherwise, your booking will be cancelled and interest will be charged on consideration amount. I sent three separate latter but letters were not received by the builder. Requesting to complete the flat as per sale agreement. Ultimately I filled a suit I Allahabad high court by making party to Allahabad development authority and builder. High Court served a copy to the builder, but builder not informed anything about the completion or selling the property to another customer. Before the case filed in the high court, builder wrote to loaning bank that flat is 100%complete. I later found from UP RERA office that the builder had got completion certificate from the ADA in 12/17. I was never informed of the CC nor my bank.. In the high court, ADA informed the court that the project will be ready by 10/2019 as per up RERA approval. So far builder has not given any information to cancellation or refund or had sold the flat to another customer allotted to me. Even if a builder has not turned up in high court regardless of receiving the notice. Finally high court ordered to file a complaint with the suitable court. Now I have found that the same flat is handed over to the new customer. How can I get the flat from the builder? I don't want to exist anymore, I just want to get possession. Pl give me advice on the lines of UP RERA courts powerRead More

Posted on 30 Mar 2020 | No Answers Yet

Saachi Khurana | Legistify

Saachi Khurana
Answered on 24 Mar 2020

As per the contract between you and your builder, your builder will be liable to pay the pre-EMI. However, the loan has been taken by you from the bank in which the builder is not involved. So if the builder stops paying the pre-EMI then of course the bank will turn to you to recover its dues. If you want any further assistance you can contact on 8468833013.Read More

Posted on 23 Mar 2020 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 27 Mar 2020

RERA, it is mandatory for all projects, from the date of commencement of the Act (1st May,2017), to first register with the regulatory authority and only then, promoters can book, sell, advertise or market these real estate projects.Read More

Posted on 23 Mar 2020 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 30 Mar 2020

You can file a complaint in RERA. The main aim of RERA is to provide relief to the buyers from the malpractices of unfair builders. RERA specifies certain norms for building and development of real estate which will enhance the transparency in transactions in the real estate sector.Read More

Posted on 23 Mar 2020 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 27 Mar 2020

Buying a flat, a house or any property from your hard-earned money and not getting it on time can be very frustrating. Moreover, when the builder stops taking your call and keeps on delaying the possession of your dream house, it takes away all your energy, focus and mental peace. You not only lose your money in EMIs and rent payments but also this mental agony could disturb your household and harmony. Fighting a legal battle is both tedious and tiring. The idea of sending a legal notice to the builder gives you nightmares. The real estate sector has been suffering because of this chronic problem for years. This is one of the reasons why the Government felt the need for a sector-specific forum and RERA was born. As per the estimates, in Delhi NCR alone, more than 3 lac home buyers are waiting for possession despite making 90% of their price. It's hard to keep paying interest to the bank while you are staying on rent. The great Indian dream of having your own house turned into a nightmare. Possession certificate is mandatory to move in the property or make use of the property as it signifies that the possession of the property has shifted from one place to another. The RERA has empowered the buyers; however, the recent awareness to reach out to various forums such as NCLT and NCDRC has caused panic amongst errant builders and turmoiled real estate sector. But once the dust settles, owning houses and flats will become easy for the buyers.Read More

Posted on 23 Mar 2020 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 27 Mar 2020

Any buyer who has been cheated by the developer or builder can file a RERA complaint against them under Form 'A'. The complainant should enter their details along with the registration number of the builder or developer projects and the details against whom the complaint is being madeRead More

Posted on 23 Mar 2020 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 30 Mar 2020

The penalty imposed on the builder will be given to the buyer as per the government guidelines 10% penalty is imposed on the buyer. That 10% will be given to you.Read More

Posted on 23 Mar 2020 | 1 Answer