• Project not delivered by lawyer

Hi, I have bought a flat in Gurgaon in sector 78 in 2016 but it is not delivered yet and i filed the case in RERA and got the refund order but builder filed the case in high court against RERA. and this case is on hold due what reason dont have any clue.

Till now i haven't file my case in highcourt. this builder has other projects in gurgaon and other projects peoples have filed cases in high court, NCLAT and some in consumer court, 

I need a suggestion what I have to do to get back my money from builder, which court i have to file my case.

thanks
Jeewan Joshi
Asked 20 days ago in Property Law from Gurgaon, Haryana
Religion: Hindu

Sir, kindly file your response to the case filed as an appeal against your rera matter by the builder. In addition to this, also see if your project (builders project) is already pending before NCLT, NCLAT and if it is pending there then do file an impleadment and take stock of the same. 

Mayank Sapre
Advocate, New Delhi
251 Answers

5.0 on 5.0

If no stay from HC, file execution petition before RERA. File petition in consumer court and FIR of cheating and criminal breach of trust.

 

Yogendra Singh Rajawat
Advocate, Jaipur
16702 Answers
21 Consultations

4.6 on 5.0

There is provision for filing appeal against RERA order before appellate tribunal 

 

2) since alternative remedy is available HC directs parties to file appeal before appellate tribunal 

 

3) during pendency of petition before HC you would not get refund 

Ajay Sethi
Advocate, Mumbai
72014 Answers
4331 Consultations

5.0 on 5.0

Dear querist,

Since you already have the refund order in your favor but now that order is being challenged at High court. You should defend that case only. Filing a new matter will be hit by res judicata principle as it is on the same subject matter. However, to make myself clear you can initiate a criminal proceedings against the person which will have a way better execution than any other civil dispute. 

You can contact me for consultation and handling your matter. 

Regards,

Yuganshu sharma

Advocate 

Yuganshu Sharma
Advocate, New Delhi
229 Answers
1 Consultation

5.0 on 5.0

1. See in case the high court has not  granted any stay on RERA order then in that case you can go for execution of same otherwise in case of stay pending petition you have to wait for same to be disposed off.

2. In any proceedings of insolvency against builder you can file your claim if moratorium is passed against the builder.  

Shubham Jhajharia
Advocate, Ahmedabad
22856 Answers
92 Consultations

5.0 on 5.0

Sir, 

as you say that you have an order for refund from the RERA court, than you can always go for execution for the same, if there is no stay against your order. If there is a stay on your order, you can file an application for vacation of stay in the Highcourt. 

If the builder has appealed against your order, then you must have been noticed/summoned by the high court to appear, if yes, file an application with the reply for vacation of stay. 

 

Abhishek Sharma
Advocate, Chandigarh
113 Answers
2 Consultations

5.0 on 5.0

1. Since you were successful in getting favorable order under RERA and since Builder has gone to HC, you will need to appear and represent your case in HC, by filing intervene application in HC, in the Builder's case.  You need not file any fresh case in HC.

Hemant Agarwal
Advocate, Mumbai
3669 Answers
19 Consultations

5.0 on 5.0

- Since you got the refund order from RERA  in your favour , hence without any further delay you should file an execution petition for getting the amount . 

- If there , will be stay from the High Court , then your execution will be stopped till the further direction from the  High court.

- Generally, in financial case, High court not stayed the execution petition.

- If, the builder delayed to refund the amount as ordered by the RERA, then builders property will be attached ,and a warrant may be issued. 

Mohammed Shahzad
Advocate, Delhi
1615 Answers
26 Consultations

5.0 on 5.0

You can get the execution under rera if there is no stay from HC. Otherwise you need to pursue it in HC first

Prashant Nayak
Advocate, Mumbai
16667 Answers
30 Consultations

4.6 on 5.0

Hello,

File a case in NCLT .

Regards

Swarupananda Neogi
Advocate, Kolkata
1285 Answers
4 Consultations

4.8 on 5.0

1. First of all engage an advocate in High court and try to obtain copy of order.

2. If high court have not granted stay on order of RERA then you should file execution petition before RERA against builder. And if stay is granted then your advocate should appear on your behalf and present your case. 

Mohit Kapoor
Advocate, Rohtak
6548 Answers
2 Consultations

5.0 on 5.0

You already got a refund order through RERA, hence you cannot approach any other court or forum with the same cause of action.

If the builder has filed a case against this decision in high court then you may have to follow it up properly.

What is your lawyer's opinion who is following up the case before high court?

 

T Kalaiselvan
Advocate, Vellore
61958 Answers
799 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
13811 Answers
6 Consultations

4.5 on 5.0

Hi,it is advisable to file an execution in RERA court ,against the order passed in your favour 

Hemant Chaudhary
Advocate, Gurgaon
4333 Answers
32 Consultations

4.9 on 5.0

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