I want to get my money back that Ive paid to the builder over the course of the construction of my property. The current status of the project is near possession, however its still 3 months away. The total cost of my property is considerably above Rs 1 cr. The property is in Gurgaon and already been delayed by more than a year. Further the builder has dropped his prices 30% below the prebooking stage at which I had bought. My question is, 1. Should I go to H-RERA to get my money back, since the turnaround of the resolution is very fast (3 months) but the decision for a full refund and interest may not come through. 2. or should I file the case through NCDRC where the time taken would be longer but with a higher probability of money back +interest. If there is a 3rd option Id be happy to hear about it.
You should file a complaint in Consumer Court for deficiency of services and unfair trade practices adopted against the builder wherein you can claim interest,compensation, litigation expenses and the entire amount paid by you to the Builder.
Executing the decree passed in case of RERA is very difficult as it is a new law not a lot can be said about it.
So, you should approach NCDRC.
Sir if you want full refund in that case you should approach National.consumer dispute Redressal commission as the value is above 1cr. And pray for refund along interest and mental agony and damages
Under RERA authrority the probability is more of delay compensation then complete refund
You have an option to file a case before consumer court and demand refunds alomg with interest amounts.....
Case shall be filed in the basis of pecuniary jurisdiction
If it crosses Rs 1 crore, it can be filed before National Commission.
If it is between 20 lakhs to one crore then state commission
Less than 20 lakhs then district forum.
Hi, the RERA bench , is more inclined towards giving delayed interest rather than total refund , to protect the overall interest of the project ... The option of NCLT , will not be advisable as the project is almost nearby posession .. Till the time the notice will be served upon the builder the posession will be given by him ...My advise is to file a complaint before RERA and seek delayed interest for a year ...
If builder has delayed delivery of possession then cancel the agreement abd sue builder to recover your money with interest
2) filing complaint before RERA is advisable as results are faster
Better to go with Haryana RERA, since even you are aware that it will take some time in NCDRC for the conslusion of the proceedings.
Also, if you go ahead with NCDRC, as you yourself said that the flat will be ready for delivery within 3 months, there's a chance that the builder will convince the NCDRC that he is ready to deliver possession and also ready to pay you the compensation for delay; and under the circumstances the NCDRC might give ruling in favour of the Builder.
Approach RERA relying on section and 19(4) of RERA Act
Dear Client,
You can withdraw anytime before taking possession subject to forfieture of booking amount paid for the allotment if such withdrawn not due to builder fault and shall be returned by the promoter to the allottee within 45 days of such cancellation.
For compensation + interest on money paid - cosumer court.
Modi options are available to you to file your complaint in Haryana rera or National consumer dispute redressal Commission but it is really difficult to get the amount paid for the purchase underground that the prices are dropped and property is not in the possession.
You can claim the penalty for delay in possession from the builder but you cannot claim the hedging of your investment by the Builder.
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1. You first of all communicate in writing to the builder intimating your decision to cancel the booking and demand refund of the entire booking amount.
Let the builder deny the demand and give a reply accordingly, you may approach RERA for relief and solutions thereafter.
2. The approach to the consumer forum may be kept asd an option iif the RERA fails to address your concern properly
