Aayushi Sang | Legistify

Aayushi Sang
Answered on 14 Oct 2019

You can consult a RERA lawyer in India to know the best legal action to take against the builder without any receipt or agreement.Read More

Posted on 03 Oct 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 13 Oct 2019

The Delhi High Court (HC) has ruled that aggrieved homebuyers can take their cases to both, the state’s real estate regulatory authority as well as the National Consumer Disputes Redressal Commission (NCDRC). This comes as a huge relief for many. It is important to note that RERA allows homebuyers to withdraw previous/ pending cases that come under the Consumer Protection Act (CPA) and the same argument was taken up by developers. However, Delhi HC has said that the verdicts of both, NCDRC and RERA are ‘concurrent’ and that in previous similar cases, the Supreme Court (SC) and the NCDRC have upheld that for buyers’ benefit, cases can run parallelly.Read More

Posted on 01 Oct 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 13 Oct 2019

You can ask the builder to refund your money and mention that on account of financial constraints you are unable to make balance payment. The builder would deduct 10 per cent booking amount and refund you balance amount. If the builder refuses to refund your money file a complaint against builder in RERA for a refund of your money. The builder has to refund your money within 45 days.Read More

Posted on 30 Sep 2019 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 12 Oct 2019

If builder after execution filing and receiving Recovery certificate from RERA is not following the order, the case can be filed in NCLT to make the builder insolvent and recover the amount. Consult a good property lawyer in India to file your case.Read More

Posted on 06 Oct 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

Any aggrieved person can file a complaint with the RERA Authority or Adjudicating officer for any violation under the Act or the rules and regulations made thereunder. A home buyer can file a complaint in UP RERA against the builder if the builder violates any provisions of the RERA Act and Rules. A complaint in UP RERA must be filed in the prescribed format by filing the complaint application that includes all the key details relating to the grievance faced by the buyer and remedy sought from the regulatory authority. The complaint is filed after paying the prescribed fees to the UP RERA Authority. You can consult the best RERA lawyers in India to draft and file your RERA complaint in UP RERA. The RERA complaint must include the following information: Details of the buyer and builder. The registration number and address of the project. A concise statement of facts and grounds of claim i.e. the issue faced and the events that led to the grievance (Eg: delay in possession by builder for years) The remedy and interim reliefs sought. A complaint with the UP RERA can be filed in the following cases that constitute violation of the RERA Act and Rules: Delayed possession of property. Changes in project layout without consent from the home buyers (one-third buyers must consent to the changes before implementation). Additional charges levied by the builder at a later stage. Non-registration of project with RERA. Non-procurement of Occupancy or Completion Certificate. Refusal to refund the amount upon cancellation by buyer. Lack of amenities promised to the buyers. Use of poor quality of construction material. Violation of the builder-buyer agreement Read More

Posted on 17 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

You cannot return the flat after possession, but you can file a consumer complaint against the builder for false advertising and not providing adequate facilities. Consult a property lawyer in India to file a complaint.Read More

Posted on 17 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

In cases of violation of the subvention scheme by the builder, the RERA Authority has the power to decide and dispose of the matters. As per the provisions of the RERA Act, if the builder is not giving possession on time then the homebuyer can file a RERA Complaint with the RERA Authority.  A RERA Complaint relating to the subvention plan against the builder can be filed in the following cases When the builder is not paying EMIs under the subvention scheme. The builder is not buying back the property as promised in the terms and conditions of the subvention scheme agreement. When the builder is not cancelling the flat booking. Read More

Posted on 17 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

A homebuyer can either file a complaint with the RERA Authority or with the consumer forum against the builder. However, if the consumer wishes to file a consumer complaint and has a RERA complaint pending or vice versa, the homebuyer would need to withdraw the ongoing complaint first and then file a new complaint with the other authority. You can file a RERA complaint only after the judgment from consumer court is received, or after withdrawing your consumer complaint.Read More

Posted on 05 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

You can file a complaint under RERA on the basis of other documents if you don't have the builder buyer agreement. These documents include:  Allotment Letter Payment Receipts Copy of Cheque given to the builder. Any notice sent the builder Any other proof of communication between you and the builder Read More

Posted on 23 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

Yes, you can file a RERA complaint against the builder for not providing proper facilities to you. You must consult a RERA Advocate near you to know whether you have a substantial case against the builder or not. Your RERA lawyer will also guide you through the entire procedure of RERA complaint before the Adjudicating officer/Authority. Once you hire a legal representative, you need not appear before the RERA and the lawyer would represent your matter on your behalf.Read More

Posted on 20 Sep 2019 | 1 Answer