I have purchased a flat and executed the Sale deed in 2013. But the possession was not given by the builder. Hence I approached to the Consumer Forum. The Consumer Forum has ordered to handover the possession of the plat along with completion certificate and occupancy certificate. The State Commission has ordered monthly rent from the date of filing till the actual possession of the flat in addition to the relief granted by the forum. We filed execution u/s. 27 at the Forum. The Forum ordered the opponent Builders an imprisonment of one year as the were not ready to abide by the orders. He has not appealed against the execution order. The builder is hostile and has not applied for completion certificate from the local authorities. 1. Can I take the possession without Completion Certificate by filing execution u/s. 25? 2. At this stage, can I alternatively pray the Forum to order the builder to return the amount paid along with the registration charges, rent awarded by the State Commission and interest from the date of filing the case ie. 2013? 3. Can I approach RERA for no Competition Certificate? 4. The Building Commencement Certificate is from 2012, but completion certificate is not taken by the builder. Build area is less than 480 sq. meters but there are 15 flats and 10 shops in the building. Is RERA Registration necessary to the builder?
Dear Cleint,
Sale deed is registered hence, your title is clear. Can take possession and can process for CC and OC at your own level.
For refund separate suit will file,not in execution decree.
Yes, can request for other remedy too.
Under construction project, requires RERA registration.
1. you can withdraw the consumer complaint and apply to RERA
2. But doing so would also nullify all the reliefs like interest and imprisonment, given by the consumer forum
3. you cannot take possession without OC. Ideally it should not be taken
4. if OC is not yet obtained then you can make an application to forum seeking refund of all moneys so far paid by you for the flat alongwith interest
5. but the above application may also not yield any result as the builder has defaulted before too when the forum passed orders against him. So it is highly unlikely that he would comply if a favourable order is passed in your application for refund. Again you will have to go for execution
6. if the project is still not issued a OC/CC, then being an ongoing project, it is compulsorily required to be registered with RERA
7. RERA is anytime faster than consumer forum. You may also get the relief of refund of your moneys. But for that you will need to forego all the reliefs so far obtained by you from the consumer forum
1. Yes you can prefer an application before the forum and can seek relief of possession further you can yourself apply for CC.
2.Since you have not prayed for refund at this stage of execution it wont be possible to make an alternate prayer.
3. You can approach RERA for CC but if RERA award relief of complete refund then you wont be able to avail the remedy given by the consumer forum.
4. If it still ongoing project then the project must be registered in RERA as OC is not received so yes it will be under RERA. Further if construction is complete and every amenity is there then you should apply for CC and OC on your level.
You cannot claim alternative reliefs at this stage
2) since you have approached consumer forum you cannot file case before RERA
3) builder is bound to register project with RERA
4) you cannot take possession until OC is issued
1. If you have to take possession without CC, then why to even file exec. u/s sec. 25. No need.
2. No, if you wanted this, you ought to have filed an appeal within the period of limitation.
3. No, you already have got relief from Consumer Forum. This matter cannot be reagitated afresh before RERA now.
4. Builder needs to compulsorily register this project with RERA since the number of flats in this project exceed 8(eight)
Sec.25. Enforcement of orders of the District Forum, the State Commission or the National Commission
(1) Where an interim order made under this Act, is not complied with the District Forum or the State Commission or the National Commission, as the case may be, may order the property of the person, not complying with such order to be attached.
(2) No attachment made under sub-section (1) shall remain in force for more than three months at the end of which, if the non-compliance continues, the property attached may be sold and out of the proceeds thereof, the District Forum or the State Commission or the National Commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto.
(3) Where any amount is due from any person under an order made by a District Forum, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Forum, the State Commission or the National Commission, as the case may be, and such District Forum or the State Commission or the National Commission may issue a certificate for the said amount to the Collector of the district (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue.
Sec.27. Penalties
(1) Where a trader or a person against whom a complaint is made or the complainant fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person or complainant shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousands rupees but which may extend to ten thousand rupees, or with both:
Section 25 and 27 of the Act have been enacted for speedy enforcement of the orders of the District Forum, the State Commission or the National Commission, as the case may be. These sections are in the nature of execution proceedings of the orders made by the three Redressal Agencies. While Section 25 of the Act visualizes the enforcement of such orders by a civil process, as if they were a decree or order made by a Court of law, whereas, Section 27 of the Act confers a quasi-criminal sanction for their enforcement by way of punishment with imprisonment or imposition of monetary penalties.
Thus you can enforce the award by the consumer forum under both the above provisions of law.
If you want to appraoch RERA then you should not have gone to the consumer forum at all.
If the construction has not been completed in all the respects then what RERA can do about it except penalising the builder, which has already been done by the consumer forum.
