Team Legistify | Legistify

Team Legistify
Answered on 02 Dec 2019

A complaint in RERA can be filed by any aggrieved person who is facing issues in a real estate deal of a property situated within the state.  In case of violation of the RERA Act and RERA Rules, homebuyers can file a complaint in RERA Authority in Form prescribed, with the RERA Authority.Read More

Posted on 09 Aug 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 28 Nov 2019

Yes, you are entitled to claim compensation in case of delayed flat possession under Section 18(1) of the Real Estate (Regulation and Development) Act, 2016, or commonly known as RERA. Section 18 lays down that in case of a delay in possession where the dates were specified by the promoter at the time of the sale of the flat, but the possession was not delivered by the builder, the allottee or home buyer is entitled to recover interest from the promoter at the prescribed rate. For this, the home buyer can file a complaint under RERA against the builder with the RERA Authority of the State in which the property is situated. A complaint against the builder begins with sending a legal notice to the builder with the help of a RERA advocate in India, to ask the builder to refund the amount paid to the builder, along with interest from the date on which the delay in possession began. The rate of interest is currently 12% and 18% when the builder delays possession even after the order of RERA.  However, an important thing to keep in mind is that RERA is not notified by all the states. In order to claim compensation from the builder for delay in delivery of possession when RERA is not notified by the state, you can file a consumer complaint against the builder. A consumer complaint against the builder is filed on the grounds of deficiency in service and you can hire a property lawyer in India to file your consumer case in the appropriate consumer forum. There are 3 types of consumer forums and a complaint is filed depending upon the total value of the matter, in your case, the value of the property. If your property value is more than Rs. 1 crore, property experts suggest that a complaint with the NCDRC is better than a RERA complaint. Also, you can file a consumer complaint against the builder by combining your application with other home buyers who are seeking a refund from the same builder and filing a class action against the builder. Procedure To File A Complaint In Consumer Court Against Builder The first step is to send a legal notice to the builder or construction company before you proceed to file a consumer complaint against the builder. The legal notice must be well-drafted by an experienced lawyer who can include all the necessary information like the deficiency in service faced at the hands of the builder and the remedy sought. If the builder is willing to rectify the deficiency, they will send a reply to the legal notice stating their sincere reason for the delay or take the essential measures to amend their errors. If the builder fails to do any of these things, you can proceed to file a consumer complaint against builder. You can file a consumer complaint under the Consumer Protection Act, 1986 against the builder by consulting with a good property lawyer in India. The lawyer will evaluate the facts of your matter and file a complaint with the appropriate consumer forum. The consumer forums in India are divided on the basis of value of cases they can accept: If the value of the property and claim made is less than Rs. 20 lakhs, a complaint can be filed with the District Consumer Dispute Redressal Forum. If the value of the property and claim made is more than Rs. 20 lakhs but less than Rs. 1 crore, a complaint can be filed with the State Consumer Dispute Redressal Commission. If the value of the property and claim is more than Rs. 1 crore, a complaint is to be filed with the National Consumer Dispute Redressal Commission.Read More

Posted on 20 Nov 2019 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 28 Nov 2019

It depends upon you if you want, you can shift without completion of Construction. If you want, you can take consultation from a RERA Lawyer.Read More

Posted on 20 Nov 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 26 Nov 2019

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 20 Nov 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 23 Nov 2019

The Builder will have to refund GST paid by buyers in case he delay the project.Read More

Posted on 20 Nov 2019 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 23 Nov 2019

No, You are not eligible for the Compensation as the date is extended from 31/12/2018 to 31/12/2019 by the authority without stating any amount of compensation.Read More

Posted on 15 Nov 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 22 Nov 2019

If the unit has been cancelled due to the act of the builder, then there wouldn't be a cancellation charge and you can claim for the complete refund. If in case you are the one who has asked for the cancellation then the 10% agreement value plus the taxes would be deducted.Read More

Posted on 20 Nov 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 19 Nov 2019

Once the RERA Authority passes an order for compensation and interest, the builder has 45 days to execute the order and provide the compensation and interest to the home buyer. This period begins from the date on which the order is served upon the builder and can be extended only if the builder provides substantial reasons to the authority. However, there are several cases when the builders refuse to enforce the RERA order delivered by the Authority within time and home buyers are left without resolution of their grievance with the builder. In such circumstances, the RERA Authority can be approached to get the RERA order executed by the builder as per the provisions of Section 40 of the Act. Section 40 of the RERA Act states that if a promoter, allottee or real estate agent fails to pay any interest or penalty or compensation imposed by the adjudicating officer or the RERA Authority, it can be recoverable from such promoter or allottee or real estate agent in such manner as may be prescribed as an arrears of land revenue.Read More

Posted on 17 Nov 2019 | 1 Answer

Sarthak Mehrotra | Legistify

Sarthak Mehrotra
Answered on 18 Nov 2019

Under a contract of sale and purchase, it is mandatory that the terms and conditions of the contract should be strictly followed. If such a contract is to be cancelled then it must be done by the way of the proper legal process. In your case, no legal process has been followed to cancel the contract and you could have regained the possession of the property by paying the remaining amount along with interest (for late payment), however, as this did not happen you can seek redressal from a consumer court on the grounds of breach of contract. Consult a property attorney in India for this.Read More

Posted on 17 Nov 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

The association can try and persuade the Maha RERA to allow them to take over the property as it has ordered the same in the past as well. Hire a RERA lawyer to present your case effectively before the RERA Authority.Read More

Posted on 14 Aug 2019 | 1 Answer