• Unitech property in South Park stuck, and an ongoing Supreme Court case

My investment in a construction-linked property by Unitech in Gurgaon is stuck since years. There is an ongoing Supreme Court case but what must I do in the interim to better protect my interests...

I opted for refund instead of yet expecting construction/handover in the future, 

My queries : 

1. Instead of searching online for progress on the ongoing case and what if I miss any update or necessary action, is their any provision in the law that I can file in the court so to put the onus on the court to keep me specifically informed for any necessary action on my part, 

2. Can I separately file an individual court appeal for: 
-a.) refund of principal 
-b.) plus interest on principal as the opportunity cost 
-c.) plus interest paid on principal for the loan taken on such a property ( loan has now been foreclosed , but have paid interest on the said value over the years prior to foreclosure ) 
If yes, what must I file ? 

3. Besides the court, is there any other government body where I must submit my case specifically so for it to be paid better attention and get prioritised and not get neglected. ( some of the stuck buyers who already sought court orders seem to get prioritised over others who have not filed in anything specifically ) 

4. Does the court allow any income tax concessions to people like us whose money is stuck and suffering through managing with a much lesser income for livelihood than what otherwise would have been. ( now home loan is foreclosed and principal is simply stuck year-on-year and for the moment not even earning any interest income.
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

It is not obligatory on court to inform parties, you have to be vigilant about court proceeding. You can file consumer complaint and RERA, whatever is the status of case in Supreme court, builder lawyer will inform the court. and you too.

Refund of principal+interest+compensation will grant by CC. 

No role of govt.

No concession and if any tax paid due to builder, court will order builder to pay it.

Yogendra Singh Rajawat
Advocate, Jaipur
22635 Answers
31 Consultations

4.4 on 5.0

1) no onus is on court to keep you informed 

 

2) in many cases consumer forum has directed refund with interest at 10 per cent 

 

3) you have to wait your turn . You would not get any priority 

 

4) no income tax concessions are given 

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

you can wait for supreme court result or proceed against the saId company before consumer court or other forums as there is no stay on the same by SC to take remedies against that company

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Are you a party in the supreme court case?

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1. No you cannot put onus on court as it is your duty to kee track of your case. 

2. No you cannot file another petition During pendency of this case. 

3. No 

4. No. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. You engage a lawyer on his terms who will update you on all the developments provided you regularly follow it up through the lawyer.

2. You can approach RERA or consumer court for seeking desired reliefs.

3. RERA

4. Court has nothing to do with your income tax issues, you may have to tackle that separately.

The court will be concerned only with the case before it and not beyond that.

 

T Kalaiselvan
Advocate, Vellore
84917 Answers
2195 Consultations

5.0 on 5.0

Hi, it is advisable to seek refund from RERA ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

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