• 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 3 months ago in Property Law from Greater Noida, Uttar Pradesh
Religion: Hindu

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 

Ajay Sethi
Advocate, Mumbai
66913 Answers
4040 Consultations

5.0 on 5.0

Why didn`t you filed police complaint for cheating and criminal breach of trust, fastest recovery.

Yogendra Singh Rajawat
Advocate, Jaipur
13188 Answers
16 Consultations

4.6 on 5.0

If RERA court isn't proceeding with the execution proceedings, you must move high Court to issue writs to RERA court

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1103 Answers
2 Consultations

4.4 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
4457 Answers
25 Consultations

5.0 on 5.0

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. 

Vibhanshu Srivastava
Advocate, New Delhi
8564 Answers
134 Consultations

5.0 on 5.0

You can also file consumer complain for compensation,

Yogendra Singh Rajawat
Advocate, Jaipur
13188 Answers
16 Consultations

4.6 on 5.0

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.

Vibhanshu Srivastava
Advocate, New Delhi
8564 Answers
134 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
66913 Answers
4040 Consultations

5.0 on 5.0

A contempt application against the builder for contempt of court should be filed. The court shall issue notices to the builder.

Regards 

Rahul Mishra
Advocate, Lucknow
4318 Answers
11 Consultations

5.0 on 5.0

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 

Rahul Mishra
Advocate, Lucknow
4318 Answers
11 Consultations

5.0 on 5.0

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. 

Kallol Majumdar
Advocate, Kolkata
1364 Answers
2 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
4759 Answers
52 Consultations

5.0 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
4457 Answers
25 Consultations

5.0 on 5.0

Already told you, move the High Court seeking writs against the RERA Court

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1103 Answers
2 Consultations

4.4 on 5.0

You can procced with attachment orders and arrest warrant of the builder.  His property will be attached. 

Prashant Nayak
Advocate, Mumbai
12860 Answers
22 Consultations

4.6 on 5.0

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.

Gowaal Padavi
Advocate, Mumbai
1826 Answers
2 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
56675 Answers
701 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
56675 Answers
701 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
10204 Answers
3 Consultations

4.5 on 5.0

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. 

Mohit Kapoor
Advocate, Rohtak
3516 Answers
1 Consultation

5.0 on 5.0

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.

 

Atulay Nehra
Advocate, Noida
1204 Answers
47 Consultations

4.7 on 5.0

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