1) RTI reply would help in proving plot comes under LDA
2) wait for report of field inspection
3) change your lawyer if he is unable to guide you
Filed a case in RERA for Delayed Plot - Need some advice
Hi Sir/Madam, I've purchased a 2150 sq ft plot in Lucknow, - Under Project Konarkshine Industries launched in 2013. The builder promised to deliver the plot in 2015 , but failed to deliver the same even till now. I also asked him for REFUND , but he's giving some kind of excuse that as the Land has come under Lucknow Development Authority Master plan, hence he's getting New Map approved from LDA & that's why its causing delay. After getting frustrated & receving advice from Kaanoon.com I've filed a RERA case against him on Oct 2018 , For initial 2 dates his lawyer represented him in the court , but after that in subsequent hearing his lawyer is absent & 3 hearings passed (In last hearing the court statement was like - He's being given last chance).........So I was expecting that in Next hearing court will give some decision. However in that hearing to My surprise the court judge asked that as opposite party is not appearing in the court , so now the liability comes on me (complaining party) to prove that if the Project is coming under LDA development Area or not ? (Just for info this builder is Non RERA Registered as in 2013 RERA was not there). My question is : # whether RERA is applicable only for Residential-Plots coming under some Development Authority (like Lucknow Development Authority) ? Although I am 100% sure that it comes under LDA Development Area (although its border), but how to get that proved to court or from where I'll arrange this info ?. # RERA has themselves sent their executive for an Audit, in next hearing his field report would be attached. so do i still need to prove if the Plot is coming under LDA area or not ? I've already applied for RTI reg same in LDA, don't know if it'll give any meaningful info to support my case. Moreover - I am finding My lawyer inefficient to present the case properly to the court & when I am asking all these questions then he's just consolidating that don't worry it'll be solved someway !
Asked 6 years ago in Property Law
Religion: Hindu
10 Answers
Write a letter to LDA to inform whether the land is within LDA area. Inform them that this information is to be submitted in court in pursuance of a court order. Give reference of the court order. Pursue the matter with the authorities. You will get the information.
Development of land is also covered by RERA.
Uf they have sent someone for aysit wait for their report. Change the lawyer if he is not competent enough. Kundly supply more info on the nature of the project and its name.
Regards
It's applicable to both residential and commercial projects.
No need to prove if it's already approached for audit by rera.
Its meaningful
Change your lawyer
You need to file an application of RTI in development authority lukhnow to get details about the land which is required by RERA.
If you think your advocate is incompetent then you can change the advocate at any moment.
1. first - if you think your lawyer is inefficient then please change him and hire a new competent lawyer
2. you state that the project is not registered with RERA. RERA complaints can be filed only if the project is RERA registered. However since RERA has not taken any objection to that, you are lucky. Otherwise RERA would say that it does not have any jurisdiction over projects which are not registered with RERA
3. If you check the RERA Act, it says that RERA is applicable for flats and plots equally. So how does it matter whether the plot comes under a particular authority or not. I am not aware about any exception made by your State to this rule, so i cannot comment
4. You have filed a RTI. But it takes time. Ideally the PIO has to reply within max 30 days from date of receipt of your RTI. But our departments are not that efficient and it may take time. Since you have already filed the RTI, you can submit that application to RERA on the next hearing and submit that the reply thereto is awaited and once received it will be filed with RERA. In meanwhile the field officer of RERA can do his job as directed and present his report
5. your agreement would have the copies of sanctions and approvals annexed to it. Check those. you may find some clue from those documents as well
6. also since the project is not registered with RERA, you can make an application to RERA in the prescribed format as applicable to your state, for direction to the builder to register the project with RERA. This is to ensure that your complaint is not disposed of or dismissed on the technical ground that the project is non RERA registered and so RERA has no jurisdiction. In Maharashtra any person can give information to RERA about non registration of a project which is otherwise to be compulsorily registered with RERA. This application is known as source information for which no court fee is required to be paid. I assume similar provision would be there in UP Rera as well. So ask your lawyer to check that
1. File a RTI with LDA, posing a specific question to them as whether xyz project situated at ABC place comes within the development area/jurisdiction of LDA.
2. It is better in case you are also able to prove this.
Approach RERA office to know the status of your RTI application. File a second appeal under RTI Act.
First of all if the project is not registered in rera then the project do not come under jurisdiction of rera you have to file a case of cheating and misappropriation in the criminal court under various sections like [deleted] IPC at the same time you have to file a complaint case in the consumer forum interest you want to go to the police station you may not get any support
immediately change your lawyer and engage expert from this web portal.
You can get the information through RTI act.
However the RERA should not go beyond your complaint, especially when the respondent is not appearing and there is no representation from his side.
Let the RERA pass an order in this regard stating that you did not furnish the desired information, you may prefer an appeal against this decision before the RERA appellate tribunal.
