If you are not satisfied with me order issued by rera then you can appeal to rera tribunal against the order of the rera please be aware that you must provide the support of your payment to the builder as you have mentioned that the payment was made in the name of builder personally

File a complaint with the national consumer court 

Dear querist, 

1. Send a legal notice attaching the ReRa order and ask them to comply with the same. Give the 15 days time. 

2.  File a contempt petition as to the RERA orders against the builder. Failing to comply with the order of the Rera Appellate Tribunal is a punishable offence which can lead to imprisonment up to three years or fine which may extend up to ten per cent of the cost of the real estate project, as per section 64 of the Rera Act.

3. File a corresponding complaint of cheating and fraud against the builder. 

4. On the date of next hearing, show the legal notice to the court as well as state the delay occasioned due to the default of the builder and ask for compensation. 

In case you need my assisatance in the matter, You can contact me for consultation or on linkedin, https://www.linkedin.com/in/yuganshu-sharma-655091183/

Regards,

On account of lock down period of making payment  would be extended by 6 months 

if he does not make payment execution proceedings can be taken       by you for recovery of dues 

1. Well since RERA faults on many counts on the issue redressing several grievances of the buyer it was wrong forum selection for you. 

2. Had you filed the case in consumer forum you could have been refunded with full money with interest in addition to enough damages and compensation. 

3. Now since you have missed the bus your  further remedy lies in preferring an appeal before Rera appellate authority. 

Dear Sir,

if a builder delays the project and the buyer decides to exit, he can cancel his unit and withdraw from the project and get a penalty if the project is delayed.

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The builder is also bound by law to return the money collected from buyers within 45 days, after deducting the booking amount

The new Real Estate Regulation Act (RERA) will enable homebuyers to exit real estate deals smoothly. The Act, which came into force on May 1, stipulates that homebuyers can cancel allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer. The builder is also bound by law to return the money collected from buyers within 45 days, after deducting the booking amount.

“The allottee shall have the right to cancel/withdraw his allotment in the project as provided in the Act: Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation,” says the rule.

What are the reasons under which homebuyers generally cancel a booking?

Some cancel it due to prevailing market conditions when the price of the housing unit does not appreciate or they are desperate to exit due to a family emergency. For some who decide to pull out because they do not like the unit, builders often offer an alternative site to choose from.

“Now it is clearly stated that the booking amount will be forfeited and specified that the builder will have to return the amount within 45 days. Earlier this amount was either never returned or delayed for years until the unit was sold to a new buyer,” says SK Pal, a Supreme Court lawyer.

“This provision will now ensure that the builder is bound by law to return the money within a fixed timeline. Earlier, getting back refund was a Herculean task,” says Abhay Upadhyay, national convenor, Fight for RERA.

A harsh clause for builders?

Builders term this provision under RERA as “impractical”. “What happens if there are multiple bookings by a buyer and he decides to pay installments for only one unit. Also, the provision to return the amount paid for by the buyer within 45 days after forfeiting the booking amount is not practical because much of the amount collected from buyers has already gone into the purchase of land or construction of a building,” says Navin Raheja, chairman and managing director of Raheja Developers.

Under the rules, an allottee can withdraw or cancel a unit at will irrespective of the builder’s default. “This is a harsh clause as the builder will now have to return the amount within 45 days but there is no provision for the builder to withdraw this amount from the escrow account. It allows buyers to cancel the booking at will,” says Sudip Mullick, partner, Khaitan and Co.

Also, if the real estate developer fails to give possession of the apartment or complete the project as per the stipulated time, the homebuyer can terminate the agreement and is entitled to refund of the amount paid with interest in 45 days of such termination.

As per RERA, if a homebuyer defaults by not paying to the developer on time and such a default persists for an agreed upon the number of months, the developer can terminate the agreement and cancel the allotment made to the buyer.

The provision on cancellation is fair, says Pal. “No buyer will want to give away 10 percent of the booking amount unless he is under pressure to exit. At present, there is no exit clause in the builder-buyer agreement, only a one-way entry for the buyer. A builder is allowed to return the amount in case he decides to discontinue the project,” says Pal.

Under the Uttar Pradesh Apartment (Promotion of construction, ownership and maintenance) Act, 2010, every promoter shall declare the conditions for cancellation or withdrawal of allotment and the extent of compensation either way in the event of violations of any of the conditions.

Also, if a builder delays the project and the buyer decides to exit, he can cancel his unit and withdraw from the project and get a penalty if the project is delayed.

1. who was the RERA judge who heard your complaint? [plz let me know in the remarks section which only i can see]

2. you will have to apply for execution of the RERA order [which is a useless procedure that gives nothing to the complainant since the collector does not act!!]

3. you should have filed a review application to the RERA judge to consider your prayers for refund of stamp duty and registration fee [i dont know whether now you can do that. It depends on what exactly is stated in the order. Does the direction of refunding in 6 months also include the moneys collected towards SD and registration, is a matter of interpretation which can become clear after going through the order]

4. so once you file the execution application and nothing is done by the authority to recover your money from the builder, then you can file a writ petition in the high court where only you can see some action. Otherwise all the lower authorities are completely useless which have made RERA toothless!!

You need to go for execution of the rera order. Reta had become a toothless tiger. It has been purposely done to favor builders in the same

Frankly you have to wait as period of payment would be extended on account of lock down conditions 

even if you file execution application builder would be granted further time 

Go for further appeal as I advised.

Media is no agency to order builder to refund.

Go with the procedure, file in National Consumer Forum

Hi, it is advisable to file an execution of the RERA order ..The execution petition has to be filed after an order is obtained..Moreover,you should also have filed criminal FIR u/s 420 ,406 IPC for cheating and criminal breach of trust ..

there is no doubt that you will get a faster order when you file a RERA complaint

thats what you got

but problem is how to implement and execute that order?

what is the use of a paper order when what is directed in that order is not complied with by the builder

for compliance by builder you need to file execution application with RERA

and the execution application rarely yields results

thats why when there is inaction in execution of the order, the purchaser has to then approach the high court by filing a writ petition

You have not properly proceeded your request before RERA. Consent order cannot pass without approval of parties. If you were unsatisfied, would have objected. 

Consumer complaint is simultaneously remedy. Better file FIR against builder for cheating. Fast recovery with interest. All three can proceed together. 

For part of relief, which have not been granted by RERA, you can file appeal under the RERA Act.Since, limitation for filing appeal has expired, so, you can also file application for condonation of delay.

1. File appeal of RERA order for penalty and interest amount also if same is not granted to you vide the RERA order. 

No you can not file the case in all the courts together 

Share the RERA order that has been passed, if the same is not at par with law then the appeal will have to be filed. 

If the remedy has been exhausted already then you can not approach the court again. 

Regards 

See file appeal for enhancement of award as per the law including the interest , stamp duty amount . In appeal you may get further relief of the interest and other amount paid by you and wrongly collected by builder also you may pray penalty against builder also.

You were correctly advised 

you cannot file case in RERA as well as consumer forum 

your criminal complaint would not be entertained as on account of force  majeure conditions time for making payment is extended 

Judge observation is wrong. AS per the RERA Act, builder is liable to refund the money of the buyer and pay a certain amount of interest for the period of delay.

Not HC but RERA, CC and FIR - simultaneous remedies. Also file execution petition before RERA. 

I repeat file appeal and then go to high curt.

No criminal case of cheating will lie.

As per section 38 of The Real Estate(Reg. & Development )Act,2016,The authority has the power to impose penalty, or interest in regard to contravention of obligations cast upon the promoters.

Appeal lies under section 43(5) of the Act,2016

Section 40 of the Act,2016 provides for the execution power to the authority.

You can seek remedy only in one forum, 

You cant simultaneously go to rera and consumer court together. You can approach consumer court if you withdraw the same from one forum and approach other. 

Can I file criminal FIR u/s 420 ,406 IPC for cheating and criminal breach of trust, contempt of RERA court for fast recovery of my investment with interest & expenses incurred.
Ddo this

If you are aggrieved by the orders of RERA then you can prefer an appeal before appellate authority of RERA.

If you do not want not pursue the matter legally through appeal, then you can file an execution petition  for executing the orders passed by RERA as per provisions of  law for recovery of amount as per the orders.

.

1. You can issue a legal notice to the builder demanding the return of the amount he had taken from your vide the said cheque for the purpose of registration and stamp duty which actually did not happen till this date.

2. No doubt the consumer court cases will stretch bit too long, but since you have already lost lot of time in the bargain, you should not worry about the time taken in the courts because you may not get an effective result through RERA 

3. There is nothing wrong in approaching media to expose such corrupt builders so that the people will become aware of such unscrupulous people

1. You can choose any one option.

However please note that you cannot file a case directly before high court, but you can approach consumer court if you are not satisfied with the performance of RERA.

2. After having approached RERA and also got an order in your favor you may not be able to lodge a criminal complaint against him.

you cannot file before Consumer court for the same subject matter when the matter is pending in Rera. If you do so, your matter will be put on hold till you withdraw the case from the Rera.

- As per law , the builder is bound to refund the entire paid amount with 10 percent interest. 

- Consumer court is legal platform to recover the amount & punish the builder for his deficiency of services within a short period. of time. 

- Your mentioned order/direction passed from the RERA is against the rule , and legally not sound.  

- Hence, under section 44 of the RERA , you should file your appeal against that order /officer before the 

State RERA Tribunal. 

- Yes, since the said builder has committed an offence for breach of trust and cheating , hence you can also lodge your complaint against him as well. 

Dear Sir,

The last option chosen by you will be correct and you are suggested to file the separate cases for separate cause i.e. stamp duty, recovery etc. as well as the police complaint. 

1. You can file appeal in High court against order of RERA with application for condonation of delay as limitation period for filing appeal is over.

2. Appeal may not accepted as it was a compromise between you and builder to make payments so you should now file execution petition Against builder to claim the amount due. 

1. You should not have gone to RERA in the first place.

2.You cannot invoke the jurisdiction of two forums simultaneously. The remedy is to file an appeal before the appellate authority.

3.Criminal complaint will not be maintainable after you invoked the jurisdiction of RERA.

you should have asked the Judge to record whatever he told you in his order

what he told you is preposterous

for non compliance with RERA order you can also file a contempt petition in high court

A contempt application against the builder be filed for openly and willing flouting the orders of the RERA TRIBUNAL.

File a contempt application in the high court. It gets decided quickly.

A criminal complaint can always be filed as civil and criminal liabilities and penalties differ.