1) you can complaint int RERA office of your city and Consumer Forum of your city.
Filing complaint against builder not registered with RERA
My parents applied for ATM in Premia Projects Ltd in sec 62 Noida in 2013 which cost around 45 lacs, out of which they paid around 33 lacs in different instalments till may 2015. Now the company has already been declared fraud and is not registered in RERA, please help how to file a complaint and before whom and legal recourse (like under limitation act etc),for recovery and compensation as they know nothing about law and legal mechanisms.
Asked 7 years ago in Property Law
Religion: Hindu
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9 Answers
You can file complaint against builder before RERA seek orders to direct builder to deliver possession of the flat within stipulated period and pay you compensation for delay in delivery of possession
2) in alternative file complaint against builder before consumer forum and seek orders to direct builder to deliver possession of flat and pay compensation for delay in delivery of possession
Hello,
they can file a complaint before the RERA UP. It is not necessary that the builder is registered before RERA so as to file a complaint before RERA.
regards
See you need to file a case of cheating against the company and directors with the police and further file a consumer complaint for the deficiency of service of and malpractice for refund of the amount with interest.
- As per the information mentioned in the present query, makes it clear that you and your family has been cheated by the company and persons who were representing the company.
- As it is not registered with RERA, so I advice you to file a civil suit for recovery of your money including interest on it plus litigation changes also.
- And you can also file a criminal complain of cheating against them.
- Limitation period for filing the criminal complain is not mentioned in law, but for filing the civil suit, it is 3 years from the date of knowledge of the fraud.
You can lodge FIR under Section 420,406 IPC and also file recovery of money suit along with interest.
Dear Client,
File Criminal complain u/s 420 and 406 IPC and consumer complain for refund along with interest and compensation.
Matter under limitation, file asap.
you can pursue multiple legal remedies
1. file a rera complaint for non registration of project and for unfair trade practice, misrepresentation, refund of money with interest and compensation, for taking over of project by competent authority in order to complete it, etc
2. file a NCLT complaint in capacity of a secured creditor
3. file a criminal complaint for fraud and cheating
4. file a suit for compensation, refund and damages
Your parents can lodge a criminal complaint against the builder if he has cheated and fled the place
Besides, you may issue a legal notice demanding the builder to return the booking amount on cancellation.
Afterwards you may even file a money recovery suit in the civil court besides the criminal complaint.
