• Regarding builder complaint in RERA for non-registered project

Dear Sir,
 How I can register complaint against builder in RERA. Builder has not registered project in RERA even he has not obtained completion certificate til date.He supposed to give me possession in Dec 2012 as per agreement, so I went to Pune district court. After spending 2 years court has rejected the complaint due to its limitations(above 20 Lakh). 
OS please guide me how should I register complaint and RERA.

Regards,
Rahul
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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13 Answers

Complaint to rera can be made only if project is registered under RERA. As yours is project of 2012 there is possibility of it not registered under RERA.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Hi,

Separate Rera court has been made in every district and you may file your complaint there.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

This is my response to you:

1. Since the builder has not received OC and CC then you can make a complaint in RERA;

2. You can file a complaint online;

3. Since the pune court rejected the complaint what were the ground for rejection and did it transfer it to the state commission?

4. Nonetheless you can file a complaint to RERA;

5. You can appear in person;

6. Also seek compensation for the mental and monetary losses suffered by you.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. lodge an online complaint on RERA website

2. grounds:

builder has not registered project as mandated under RERA

delay in handover of possession

3. reliefs claimed:

interest plus compensation for delayed possession

handover of possession of flat within date specified in order

interest should be payable from the date of handover till final handover

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

you should have filed complaint before state consumer disputes redressal commission

2) if builder has not registered project with RERA Send a mail to the RERA authorities. They can be contacted via help desk option provided on the official MAHA RERA website

Ajay Sethi
Advocate, Mumbai
87898 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

You should have file case in consumer court and if court has decline the case on the issue on pecuniary jurisdiction

than file in another court with apllcation u/s 14 of Limitation act,

If project is under construction and land 500 sq mtr or 8 flats than it`s mandatory to get registered with RERA.

Can file complain online at RERA website also, there must be some office , can personally visit there.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi, if the builder has not recieved OC before the implementation of RERA , then the complaint against him can be filed before RERA bench ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

A complaint under the RERA is required to be in the form prescribed under the respective states’ rules. The complaint can be filed with respect to a project registered under RERA, within the prescribed time limit, for violation or contravention of provisions of the act or the rules or regulations framed under RERA.

Any person who has an interest in the project, can file an application with the RERA authority. The application can also be filed online, as per the format available. The complainant must provide:

The particulars of the applicant and the respondent.

The registration number and address of the project.

A concise statement of facts and grounds of claim.

The reliefs and interim reliefs, if any, sought.”

To initiate proceedings before the adjudicating officer for compensation under RERA, the complainant needs to file a similar application. This application must also be made in the prescribed format and must contain particulars similar to those required in the application to the RERA authority.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

IT project is not registered in the rera then you might not be getting requisite help from rera you need to file a complaint in the state consumer dispute redressal Commission at the value of the property and claim is more than 20 lacs as this is ongoing project and projection has not been given to the applicants you have the option to complain to the reader for noncompliance by the builder along with criminal complaint in the criminal court for cheating and misappropriation

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) You should have filed case in consumer forum and RERA.

2) In consumer forum yiu mat filed case against builder accordingly to cost of the flat.

3) On RERA online site you can make complaint or visit at their respective office along with the all payments details and builder brochure etc

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

A complaint before state consumer court has to be filed on ground of malpractice and deficiency of services and you can seek refund with interest along with compensation for delay and mental harassment .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If the builder is not RERA registered then the authorities may not be able to help you get relief.

If the consumer court has rejected your caes due to pecuniary jurisdiction, you may approach the state commission for getting your grievance redressed.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1. RERA will have no jurisdiction if the project is not RERA registered.

2. You ought to have approached the consumer forum as it is a case of deficiency in service, hence actionable before consumer forum under Section 12 of Act. I am unable to understand why you went to District Court.

3. After the dismissal of complaint by District Court you cannot now approach the Consumer Forum as the principle of res judicata will be applicable.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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