1) you can take out contempt of court proceedings against builder before HC for failing to comply with court order
2) in alternative take out execution proceedings
Builder Lakshya Realinfra Not Honoring RERA Court Orders
Looking for some expert advice here. I ahd booked a flat in Lakshya Aquapolis (Lakshya Realinfra builders) 7.5 years ago. There is no work on the project yet. I had filed a complaint with RERA last year and got a decision in my favor. The court directed the builder to return the total amount deposited with interest (MCLR+1%). The last date for full refund was 31st December 2018. It has been 6 months since then and the builder has refused to return the money. I initiated an order excution request at RERA but I haven't seen any update from them. It's frustrating that scamsters like Lakshya Realinfra continue to flout rules and people like us can't do anything about it. The builder is not even abiding by court orders. I have been frustrated and facing sever mental agony because of the fear of losing my money. If courts can't make them return my money who will? Why should they be allowed to get away like this? This is my last resort for some useful advice. As someone with no "contacts" or "sources" to help out, am feeling lost here. Please let me know what options I have at this point. More than the money now, I have to find a way to teach these guys a lesson they will remember.
Asked 5 years ago in Property Law
Religion: Hindu
21 Answers
Why didn`t you filed police complaint for cheating and criminal breach of trust, fastest recovery.
Cheating Allegations Against Developers Not Disputes Of Civil Nature
https://www.livelaw.in/cheating-allegations-against-developers-not-disputes-of-civil-nature-bombay-hc-raps-police-for-neglecting-complaints-read-order/
https://www.livelaw.in/cheating-allegations-against-developers-not-disputes-of-civil-nature-bombay-hc-raps-police-for-neglecting-complaints-read-order/
If RERA court isn't proceeding with the execution proceedings, you must move high Court to issue writs to RERA court
Please file a contempt petition in high court against builder
Also if the execution application is not proceeding then move a precipe to Rera for urgent listing citing that builder is about to leave jurisdiction of court to avoid refund to you
Approach the Hon'ble Allahabad High Court to get the execution proceedings pending before RERA expedited, so that a recovery certificate is issued at the earliest and the corresponding steps are followed.
I have already raised execution proceedings at RERA twice. Nothing has happened from their end. It has been 6 months now. The builder has been making promises for refund for the last 4 years. Several times he has given me assurances, both verbal and written (on company letterheads) with promises of refund by a certain date, but has refused later.
Asked 5 years ago
You can also file consumer complain for compensation,
As suggested, approach the Honble High Court, saying that RERA has been sitting over the execution proceedings filed by you, and till date has not issued any request to the Collector for issuance of recovery certificate against this buikdeb.
since you have already taken out execution proceedings you have to wait for RERA to pass orders in executuion proceedings for attachment of his property
A contempt application against the builder for contempt of court should be filed. The court shall issue notices to the builder.
Regards
What is the statistic of execution proceedings. Have they finished?if not then file an application in the high court for expeditious hearing and disposal of the proceedings.
Regards
You have followed right procedure by filling application for execution of order. But the problem may lie somewhere else. For execution of order there should be method prescribed for it by state govt. Try to ensure whether execution methods has been prescribed by govt or not. If methods not yet prescribed then if you wish you can approach HC by filing writ in this regard.
As the builder has willfully disobeyed the order of the court, you should file contempt petition against him in High Court.
Also, you should file in application for urgent hearing of the execution application filed by you in RERA citing financial needs.
If rera tribunal is doing nothing in your execution application then I suggest u file a writ petition in high court invoking writ of mandamus (which is a command by high court to rera to do its duty)
Also file a contempt petition against builder for disobeying court's order
As a financial creditor of builder, you can also file an application under insolvency and bankruptcy code against the builder
Consumer court you cannot go since you have already invoked Rera jurisdiction
However there is no prohibition in Rera act against filing an insolvency petition against the builder
So your remedies are-
Writ petition in HC
Contempt petition in HC
Insolvency petition in NCLT
Already told you, move the High Court seeking writs against the RERA Court
You can procced with attachment orders and arrest warrant of the builder. His property will be attached.
This is my response to you:
1. You can file an FIR against them at the nearest police station;
2. If RERA is delaying the process, approach the high court;
3. You will have to play pressure tactics for them to initiate refund;
4. Consult a local lawyer and take steps.
If the RERA could not do anything then you may better approach civil court with a suit for recovery and also with an application in the same suit to attach his property before judgment.
You may request the court to direct him to furnish security till the disposal of suit.
The best option before you is to approach civil court for recovery by adopting certain procedures as advised earlier.
You may discuss with your advocate and proceed on the basis of the suggestions made to you.
you have to file an application for enforcement of order u/s 40 of the Act, which deals with Recovery of interest or penalty or compensation and enforcement of orders, etc.
Dear Client
You have to wait for the court order in execution petition as this will going to be in your favor as court can even order attachment of property of builder to pay your debt and also arrest the builder and send him to civil prison.
You just have to wait for the orders. This is the only way to recover your money now.
Dear Concerned,
Recovery certificate from RERA would have been sent to District magistrate Gautam Budh Nagar, kindly seek help/follow up with the concerned person at office of DM GautamBudh Nagar for execution of your recovery certificate.
