You can go for execution in RERA. You can also try execution through NCLT if the builder is a company
Depayed Possession for Flat - No Hope of possession
I have a 2 BHK flat in Noida 143B sector booked in May 2013. It was supposed to be delivered by 2015 Jun and late to late Dec 2015. Till now there is no hope for possession and builder have created phases in the project which was never communicated while buying. I have filed Rera but noticed there is no benefits even after Rera orders to some of the buyers and builder is taking everyone for granted. I want to make builder accountable for all the delays and get my money back with interest. Please suggest future course of action from my side which can turn fastest results.
Asked 6 years ago in Property Law
Religion: Hindu
11 Answers
File complaint with concerned consumer forum through local advocate against the builder.
You can cancel booking and seek refund of money paid by you with interest
2) if builder fails to pay file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest
3) also claim litigation costs and compensation for mental torture undergone by you
4) in alternative file complaint against builder before RERA and seek orders to direct builder to refund your money with interest
Hi,if you have received the order for refund from RERA , it is advisable to file for execution of the order ...The builder has to comply with the RERA order within 90 days in case he fails to comply ,you can file for execution of order in the civil court
See you have to file RERA complaint only.once there is an order of RERA authority you can file an execution of same the builder has to honour the order otherwise there can be steps of attachment by the tribunal.
File criminal case u/s 420, 406 IPC. Home-Buyer Cannot Be Expected To Wait Indefinitely For Delivery Of Possession Of Flat.
Also file application u/s 40. RERA will issue letter to collector to recover amount and penalty of 5% of project + 3 months imprisonment.
The best way is to fil consumer complaint before the proper forum on the basis of the agreement praying for refund compensation and other cost for delay and deficiency in service in the part of the developer
you file a complaint before the consumer forum
RERA is the most effective and expeditious remedy, followed with the Consumer Forum.
Since you have already approached RERA, I will suggest you to pursue your case there. RERA will easily pass an order for fund along with approx. 10% refund.
In case the builder fails to abide by the order of RERA, you will have the option to seek execution of the order passed in your favour.
If you dont find the RERA action ion this very effective then you may ignore the complaint given to RERA and approach consumer forum with a complaint to get your grievances redressed including compensation for the mental agony you suffered in this regard besides demanding your dues with interest.
You should file execution petition in the court of regulatory authority under RERA act.
