You can approach three forums for resolution of your issues:
Real Estate Regulatory Authority (RERA):
RERA is a dedicated court for the resolution of disputes arising in the real estate sector.
The complaints under RERA can be filed for any claim amount but in the cases where the occupancy certificate has already been granted, then a complaint can not be filed.
It allows the buyers to get the total Refund of payment with interest or Monthly interest till handing over of possession by the builder.
RERA Act clears out each case typically within 60 days and its court fees vary from Rs. 1,000 to Rs. 5,000 for different states with the litigation costs within Rs. 25,000 to Rs. 75,000 (with execution).
The RERA format of the legal notice against the builder for delay in possession is attached herewith.
Consumer Forum:
Consumer Protection Act enables the buyers to file a complaint for ‘deficiency in service’ against the builder.
Under this act, the buyers can file complaints in the Dispute forum claiming up to Rs. 20 Lakh, while filing the complaint in SCDRC for Rs 20 lakh to Rs. 1 Crore and in NCDRC for more than Rs. 1 Crore.
It enables the buyers to get a refund with interest or possession with delay compensation for mental harassment, litigation costs, etc.
As per the act, the Consumer Forum takes about 1 or 2 years to solve a case and its court fees vary from Rs. 2,000 to Rs. 5,000.
The litigation of District Forum costs about Rs. 10,000 - 20,000, Rs. 30,000 - 60,000 for SCDRC and Rs. 60,000 - 2,00,000 for NCDRC.
National Company Law Tribunal (NCLT):
In case the builder is unable to continue or finish the real estate project, insolvency proceedings can be initiated by the buyer under the insolvency and Bankruptcy Code established in 2016.
It solves cases for the registered companies having a bad financial condition with a disputed amount of above Rs. 1 lakh.
It compensates the company owner with the dissolution of the company and enables them to claim their share upon liquidation.
The average time of judgment (as per the act) taken to resolve a case is typically within 9 to 12 months.
Its court fee is Rs. 25,000 with the litigation cost varying for any individual from 60,000 to 1,50,000 and for NCLT Group (10+) from 30,000 to 50,000 per person.
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Authors Of The Question
Sir Bhayander west Fakhri colony mein REALAIBLE BUILDER ne ek project liya hai lekin woh kisi bhi tenant ko rent nahi de raha hai aur 2250/-per sq ft bhi leraha hai aaj DHAI SAAL se humari building ko demolish karke rakh diya hai aur hum apni jeb se rent bhar rahe hai aur pata nahi aur kab tak woh building ka kaam pura karga aur sir hume secreatary aur builder koi papper tak nahi dikha rahe hai sir goverment rules k hisab se tenant ko rent diya jata hai sir pehle 2.5 ki FSI thi aur ab 3.3 ki FSI aagai hai usne commentment kiya tha ki jab 3 ki FSI aayegi to sab ko bhada diya jayega aur construction cost bhi maaf kardiya jayega lekin sir ab woh apne baat se mukar gaya hai sir humara ghar hai waha per humlog ghar mein total 9 log rehte hai sir aap se guzarish hai ki aap humari kuch madad kare mein bahot depration mein aagaya hu aap se hath jodkar nivedan hai k PLZZ is baat ko serious le
Mohammed kantawala
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2 Year
2022-06-09T11:34:08+00:00 2022-06-09T11:34:10+00:00Comment
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