• DCPR 1991

Can society registered in 2013 having oc of year 2008,can approach rera authority for deficiency in car pkg places to be given by by promoter/builder as per approved layout plans?
Asked 6 years ago in Civil Law

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11 Answers

OC has been issued before RERA cane into effect 

 

2) you cannot file complaint against builder before RERA 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No as rera is not retrospective in operation they can't go before it. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Builder can sub divide the plot as tilll conveyance is executed he is the owner of land 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Since OC is issued for the building, Rera will not apply. The society has to file a civil suit

2. Builder cannot change CTS no. or subdivide the land without permission of society. Even the authorities to which the builder applied, ought to have issued notice to society calling for its objections against the builder's application. The society can challenge this act by filing a writ petition in High Court. But prior to that the society has to approach the higher officers under the Maharashtra Land Revenue Code to challenge the actions of the subordinate officers who allowed builder's applications

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear Sir,

You can file a consumer complaint under the Consumer Protection Act, 1986 against the builder by consulting with a good property lawyer in India. The lawyer will evaluate the facts of your matter and file a complaint with the appropriate consumer forum.

With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to keep in mind the following steps :

  • Send a well drafted Legal Notice to the builder stating your reasons of discontent
  • Await for a response for the stipulated time from the other party
  • On no-response, prepare a petition stating facts and evidences with the help of expert legal advice
  • Approach the Consumer Court and file your petition against the builder

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

No, No jurisdiction of RERA. Once society formed, builder has no say. Any act of builder without society permission is trespass.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If the builder has not provided the car parking space as that ws approve in the layout plans, the society can drag the builder to the consumer forum, but remember that the consumer case cannot be filed beyond two years of the incidence of the grievance.

The cause of action for approaching the consumer forum should be within two years from the date of cause of action.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The builder could have done any manipulation before handing it over to the society but he cannot do any such changes after handing over possession to the society.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

nil

You can revert with more such question in future if need be

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. No society cannot approach RERA against builder for not providing enough parking space.

2. Society can file case against builder in court. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that OC was of prior date and society get registered thereafter.
  2. Yes, the right to raise objections is always available with the aggrieved person.
  3. There can be a complainant made to the RERA or to the civil court of law for the enforcement of any contract if exists.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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