• Can I file a case in RERA Karnataka in my favor

We have purchased an apartment of worth 68 Lakhs in South Bangalore and paid advance of 2 lakhs in April 2017. We also paid him another 2 lakhs + 10 Lakhs for further process. We have receipts for the following.
1. 2 Lakhs advance - we have receipt
2. 2 Lakhs - We have receipt
3. 10 Lakhs - We have receipt for 5 Lakhs. Another 5 Lakhs he didn't give receipt.

So total paid to him is 14 Lakhs.

He mentioned we if you register for full amount you would have to pay more tax, so he mentioned flat amount as 63 lakhs in agreement and took that 5 lakhs cash.

We asked him to cancel the apartment as I didn't have job for 4 months and he said I can't give money now. I can give money only after December and if you get job before that you can continue. He was giving 30thousand per month cheque for 3 months and after that I got job and we continued. So, he gave 90thousand in the amount we paid.

I have 2 agreements with me now. One agreement with 63 lakhs (where he reduced 5 lakhs) and another agreement of 68 Lakhs (which was submitted to bank for loan). We had agreement for 68 lakhs again as we were not getting more bank loan if we mentioned 63 lakhs in agreement. Can I show both agreements and tell in RERA that he didn't give receipt for 5 lakhs if the owner lies?

I have applied for loan of 51 lakhs from LIC and around 48Lakhs is dispatched already. So total paid is 14Lakhs + 48 Lakhs (Loan) = 62 Lakhs

1. He has not mentioned possession date in the agreement. We asked for mentioning the date and he refused saying we are not mentioning for anyone. He has promised to be completed by end of December 2017 but still the project isn't completed.
2. According to RERA, the last date for completion he had mentioned was 31st August 2018 and the project will take nearly 6 to 8 more months from what I can see.
3. From online websites, he has mentioned last date as December 2017. Can we use this one to argue in RERA court? will they consider this as well?
4. Now he is demanding remaining money be given for completion of the project.
5. The sales person there said 68Lakhs was including Service Tax, VAT etc., and only registration is extra when we paid the advance. But in agreement we saw that they mentioned excluding service tax, vat, registration. When we asked he gave some explanation saying it is for saving tax, but this is final amount and you don't need to pay anything extra. Now is asking for service tax and vat as he paid to Government. I have an SMS message asking the sales person for confirmation. Can I use that as proof for arguing in RERA court?

We want to file a case in RERA after 31st August 2018. There are 4 to 5 people who will be filing individually. We want to cancel the apartment as it is not delivered as promised and I want to get rid of the mental torture he is giving.

If we file a case in rera will this case be strong for us? What all points we can talk and get the full money refunded along with the bank loan interest?
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

1) you can rely upon Rs 68 lakhs agreement signed by the builder before RERA

2) you can seek compensation for delay in delivery of possession

3)you can rely upon information available on online websites

4) if builder has failed to deliver possession on due dates you can cancel booking and seek refund of money with interest

5) rely upon correspondence exchanged with builder , agreement entered into for refund of your money

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

As the possession has been delayed by the builder, you can file a complaint under RERA in order to seek refund, alongwith interest, litigation expenses and compensation for the breach by the builder, wherein you would have a good prima facie case omission is on the part of the Builder.

Alternatively, all the aggrieved buyers can file a class action suit in NCDRC, which is a lawsuit in which a single person or small group of individuals represent the interests of a larger group before the court seeking same reliefs.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

If possession is not delivered on time, a purchaser can send a notice to the builder, claiming the refund of the amounts paid along with interest and/or damages. “The buyer can also file a consumer complaint for ‘deficiency in service’ as defined under the Consumer Protection Act, 1986 against the builder

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

There is already delay of 8 months

That is a good ground for withdrawing from the project and claiming refund with penalty interest and compensation from builder

You should also state that he took 5 lacs in cash, but you will have to prove that that money was paid. Builder will obviously deny

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Hello,

You may go ahead and file the case in RERA as there has been a delay on the part of the builder.

The proves that you are having are sufficient to show that the builder is cheating.

Yes you may show both the agreements to clear your stance.

Yes you can use the message also as a prove.

Take points that the project has not been completed in the way as mentioned by the builder and also there is a delay in giving the possession.

Highlight the unprofessional attitude of the builder in the complaint.

Get in touch with some lawyer who may draft the same for you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

yes you can file the casein rera. The date mentioned in rera website for possession wil be considered.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

If you have not received the OC, then you can do the following:

1. You should collect the papers evidences relevant to your case;

2. You should collect evidences of advance payment made by you, including the agreement copy, make sure it is signed by both the parties, the banking transaction showing that you paid the advance amount for the booking;

3. You should write a personal letter to the the builder asking him to not back out from the transaction and hand over the possession, otherwise you could take legal steps;

4. If they still don’t respond, then issue a legal notice through a lawyer to them stating that you have been wrongfully been cheated by the builder;

5. Since the CC has not yet come, you can also file a complaint before the RERA authority if the project is RERA

registered;

6. Try to claim compensation for the mental and monetary losses suffered by you;

6. Then last stage you can file a case in court whether a suit or consumer forum or an FIR in police station.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

The RERA Act permits the homebuyer, otherwise known as an allottee, to withdraw from the real estate agreement, whether or not the developer is at default. In such a scenario, the developer is obliged to refund the amount paid by the allottee within a period of 90 days of the allottee’s withdrawal, after deducting the amount paid for the allotment.

If a promoter fails to complete a project within the stipulated time or is unable to provide possession of the real estate property due to any reason whatsoever, the promoter must refund to the homebuyer, any amount received for the property. In addition to refund of the amount paid, the promoter is also required to pay an interest at the prescribed rate in this behalf including compensation.

Finally, the promoter is also required to compensate a homebuyer on any losses caused due to a defective title of the land, on which the project is/has been developed.

In case of delay and if the buyer is unwilling to withdraw from the contract, the promoter is obligated to pay the necessary interest until the project is completed. However, if the delay occurs due to any natural or other calamities which is not in the control of the developer, the promoter is not obligated to make any payment of interest.

You secure the evidences in your possession and produce them before the authority while filing your claim petition before RERA.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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