You can file complaint against builder before RERA for refund of your money with interest if builder has filed to make payment and his cheque has bounced
Return of investment money on account of surrender of flat booking
I had booked a flat as an investor in 2013. In 2016 Dec, the builder agreed to buy back the flat and paid me token repayment of Rs 1 lac in Jan 2017. However, he did not make any payment till Nov 2017. After lot of follow up he paid 15 % of the agreed refund amount. Later on he has not paid any amount. The builder has issued letter in Nov 2017 documenting the surrender of the flat and the fact that he is issuing cheques as buy back. ( the cheques bounced , but he replaced them with fresh cheques which are yet to be paid, but falling due with in a month). Can I approach RERA for immediate settlement along with interest for the delayed period?
Asked 7 years ago in Property Law
Religion: Hindu
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11 Answers
Will RERA intervene in this matter ? will i get interest for the delayed period as he should have refunded the money long back ( earlier the trasaction was oral, it was documented in Nov17. Whether i can get interest from that period atleast )
Asked 7 years ago
Builder has agreed to refund your money
2) he paid Rs 1 lakh as token refund
3) you are entitled to refund of your balance money with interest
4) file complaint against builder before RERA
send a legal notice through an Advocate and demand to return money along with interest as per the terms. If they did not obey, you can file a complaint before the District Court U/S 420 406 and also you can file a complaint in District Consumer Forum.
1. You booked the flat much before RERA came into play and it appears that this project is not registered under RERA as well.
2. if that is so then your remedy does not lie before RERA Tribunal but before the consumer forum.
3. So file a case before the consumer where you will get order of full refund along with interest, damages and compensation.
Sir in RERA also the matter wont be immediately settled instead cheques bounce is better recovery option in case the cheque bounce then file a 138 NI act complaint and recover the amount.
Further under RERA your problem shall not be addressed as you are an investor not allot tee so you wont get help from RERA or consumer court. The mahaRERA has already in earlier matters rejected the complaint of the investors as they are not allottees. You have to go for a civil suit in that case so the cheque bounce is better way for you.
https://economictimes.indiatimes.com/maharashtra-rera-rejects-plea-against-monarch-solitaire/articleshow/61137553.cms
RERA will not be able to help you
RERA only protects allottees of flats who have a registered document in their favour
you will have to file a summary suit against the builder to recover your balance dues
Yes, fit case to approach RERA and seek refund of your dues, but it is advisable that you serve a legal notice upon the builder in the present matter.
Yes, the builder's liability being admitted, the RERA must not face difficulty in passing an order of refund in your favour.
You will be given interest in accordance with the MAHA RERA rules.
Is there any agreement for buy back with the builder though he orally agreed o buy back and had even paid some amount towards this?
In my opinion If there is no such scheme then the RERA may not interfere in such issues.
If this was on the basis of an oral agreement between you and the builder you may issue a legal demand notice based on the bounced cheque, after which you may initiate money recovery process.
However please note that there is no legally liable debt on the part of the builder towards this hence the legal action for recovery may not be very effective.
You should be lucky if the builder refunds the due amount, hence it may be difficult to get interest on delayed payment.
In my opinion, the RERA may not have any jurisdiction in this