1) builder cannot recover maintenance charges prior to delivery of possession in April 2017

2) if allotted flat is not as per layout seek compensation from builder

3) ifbuilder refuses file complaint before consumer forum and seek orders to direct builder to pay compensation

Hello sir , as per RERA provisions builder has to obtain OC for each phase Seprately in his project .. If the amenities are still not given to you , then you can file a complaint at RERA bech for compensation ...

1. If as on the date of coming into force of RERA, your builder didn't had completion certificate for these 11 towers, he wasn't mandatorily required to get these towers registered under RERA.

2. Since this project (11 towers) are not registered under RERA, approach the State/National Consumer Forum to seek compensation in lieu of delay.

3. Send a legal notice to the builder and thereupon approach the Consumer Forum.

4. This act of the builder is unsustainable. Builder has re-sorted to extortion.

1. The steps taken by the builder as detailed by are all illegal and void at law.

2. File a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice praying for direction upon the builder to rectify the defects/deficiencies as detailed in the complaint with in next 30 days failing which he will be liable to pay compensation @Rs.1 K per day's delay for next 30 months thereafter he will be liable to compensate the flat owners an amount as deemed fit by the Forum by attaching his bank account and also other properties.

the builder had to registered the entire project with RERA. you file a complaint with the RERA about every complaint of yours you will be compensated.

You have option to file complaint in consumer forum against builder if allotted flat is not as per agreement. Secondly you can claim damages in the same complaint. Lastly builder cannot charge for electricity and maintenance before giving you possession

You can file a Complaint before rera. You can also approach Consumer court for the same. It is better to address the consumer court for deficiency in service than approaching rera

Dear Client,

The bill was passed by the Rajya Sabha on 10 March 2016 and by the Lok Sabha on 15 March 2016. The Act came into force on 1 May 2016 with 59 of 92 sections notified. Remaining provisions came into force on 1 May 2017.

Effectively, all those projects which have not received the completion certificate prior to the commencement of the Act need to come under the purview of the Act.

1.Builder has not registered the entire project under RERA Act, But Only 4 towers where part OC is not there has been registered. Is this as per law ? ---- If no CC than invalid.

2. If, yes, how to get compensation for delay and -- Complain to RERA, failure to get it registered and next for delay in possession.

3. What is the remedy if the allotted flat is not as per agreement and layout. The original flat was ONE FLOOR ABOVE GARDEN, the given flat is 3 FEET BELOW GARDEN --- Complain to RERA sitting variation in actual lay out or to consumer court if RERA refused to entertain.

4. Electricity and Maintenance charged by builder from NOVEMBER, 2016, Whereas, keys given in April, 2017 and allotment letter is dated 16th January, 2018. --- Approach Consumer court.

If OC of your building has been received by builder prior to coming into effect of RERA then registration with RERA was not necessary

2) in your case OC received in sept 2016 prior to RERA hence registration was not necessary

In the act, OC has not given importance but CC, Clearance certificate ........

"completion certificate" means the completion certificate, or such other certificate, by whatever name called, issued by the competent authority certifying that the real estate project has been developed according to the sanctioned plan, layout plan and specifications, as approved by the competent authority under the local laws;

So, in my understand, its violation of act by not registering rest tower which were not completed........, as u mentioned ...........most of the common facilities were not operational , like entry and Exit Gates, Club House, Swimming Pool etc.

Dear Sir,

My answers are as follows:

1.Builder has not registered the entire project under RERA Act, But Only 4 towers where part OC is not there has been registered. Is this as per law ?

Ans: The other floors are illegal and same may be regularized, but it is the practice being continued in many cities without any objection from the local authorities that is Mahanagara Palika’s.

2. If, yes, how to get compensation for delay and

Ans: You may approach RERA or Consumer Court.

3. What is the remedy if the allotted flat is not as per agreement and layout. The original flat was ONE FLOOR ABOVE GARDEN, the given flat is 3 FEET BELOW GARDEN

Ans: You can ask for alternative flat or cancel your flat.

4. Electricity and Maintenance charged by builder from NOVEMBER, 2016, Whereas, keys given in April, 2017 and allotment letter is dated 16th January, 2018.

Ans: It is an issue to be decided mutually or you may claim refund in Consumer Forum.

1. Since he has given possession letter even before the enforcement of RERA, he has now registered only the under construction projects with RERA, hence there is no legal infirmity in it. He played a clever game.

2. You refer to the sale agreement and invoke the clause for penalty due to delay in completion of construction and initiate legal notice demanding the same after which you can drag him to consumer forum.

3. If there is a deviation in the construction you may refer the matter to the competent authority which would pull the builder and either seek rectification or any other legal action including demolition if the deviation is beyond tolerable limit.

4. You can protest it and refuse to pay, let him go to court, where you can challenge the same accordingly

Act with 59 provisions got notified in May, 2016. Whereas, the builder has taken so called PART OC, in September, 2016. WAS BUILDER REQUIRED TO REGISTER HIS PROJECT UNDER RERA IN UP ? IF YES, THEN WHAT SHOULD HAVE BEEN THE TIME FRAME FOR REGISTRATION ?

The builder since had completed the construction had, should have ignored the issue stating that he had completed the construction even before the RERA rules were implemented.

The OC is not a criteria.

FURTHER, HOW TO APPROACH RERA APPELLATE TRIBUNAL IN UP ?

You can get the details online web site/

In terms of Rule 4(1) of the UP RERA Rules 2016, upon the notification for commencement of sub-section (1) of section 3 of the RERA Act, promoters of all ongoing projects (such projects where completion certificate was still not issued), were required to register with UP RERA.

'On-going project' has been defined under Rule 2(1)(h) as:

(h) "ongoing project" means a project where development is going on and for which completion certificate has not been issued but excludes such projects which fulfill any of the following criteria on the date of notification of these rules:

(i) where services have been handed over to the Local Authority for maintenance.

(ii) where common areas and facilities have been handed over to the Association for the Residents' Welfare Association for maintenance.

(iii) where all development work have been completed and sale/lease deeds of sixty percent of the apartment/houses/plots have been executed.

(iv) where all development works have been completed and application has been filed with the competent authority for issue of completion certificate.

(i) "project land" means any parcel

Thus, you need to find out if your builder had the CC as on date when sec 3(1) of RERA Act was notified.

Relevant rules of UP-RERA rules regarding form of filing appeal from the UP RERA Rules are being reproduced herein below:

25-(1) Every appeal filed under subsection (1) of section 44 shall be accompanied by a fee of rupees one thousand in favour of the Appellate Tribunal.

(2) Every appeal shall be filed as per Form L along with the following documents:

(a) An attested true copy of the order against which the appeal is filed;

(b) Copies of the documents relied upon by the appellant and referred to in the appeal;

(c) An index of the documents.

(3) Procedure for filing the appeal shall be as decided by the Appellate Tribunal.

Check out the tribunal address, there are prescribed format of complaint which wl you have to fill up and submit with relevant documents

1. As per section 3 and 4 of Real Estate (Regulation & Development) Act, 2016 (REDA) read with Rule 3 of above rules, no promoter/developer can sell, advertise, market, book or otherwise without getting the project registered with the RERA authority of Uttar Pradesh

2.For On-going project RERA registration shall have to be made within 3 months from the date of implementation of the Act i.e 31/07/2017.

3. Any complaint relating to claim of interest and compensation, which is covered by section 12, 14, 18 and 19, of RERA Act, 2016, can be filed in form ‘N’ before Uttar Pradesh RERA Adjudicating officer. The complaint shall be filed with the fees of Rs. 1000/-.

4. Any complaint relating to violations of RERA Act, or RERA Rules and regulations,

(Except those which can be filed with RERA adjudicating officer), Can be filed before RERA Authority in form ‘M’ either physical or on its portal after paying the prescribed fees of Rs. 1000/-.. The RERA Authority shall, after following the prescribed procedure, dispose the complaint within 60 days of filing. If it is not disposed in said period, the officer shall record the reasons.

5. Any person aggrieved by order of RERA authority or adjudicating officer may file complaint to Uttar Pradesh RERA tribunal in form “L” in physical or on its portal within 60 days from the date of receipt of such order after paying the prescribed fees.

6. The builder shall have to obtain OC for the entire project.