• Rti timeline

Want to check how much time does an RTI process take in BBMP office. As per developers communication, his intentions are clear that he is deviating from process. I saw the sanctioned plan which clearly says rain water harvesting should be there, something about solar power, also he has not left enough set backs when I compare the layout with the sanctioned plan.. 
Basically I do not want to wait for long for RTI results. 
The basic fact that he is not commiting OC, can I go ahead and cancel the agreement by writing my reasons in email response in the interest of time. As not only I am loosing interest on my money but he too may want to sell to another buyer. Should it be called cancelling the agreement or terminating the agreement. Please note franking is yet to be done though I have signed the agreement and paid almost 20%
Asked 7 months ago in Property Law
Religion: Hindu

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14 Answers

Time limit for getting rti response is 30 days from date of your application. If within 30 days you don’t receive reply you have to file appeal.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

1. IF you can documentarily prove (documents, photographs, witnesses, expert reports , etc .... ) ONLY then you have an positive option to file a grievance petition against the Builder /Developer, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

Hemant Agarwal
Advocate, Mumbai
5541 Answers
25 Consultations

5.0 on 5.0

As per Section 7 (1) of the RTI Act, , the PIO has to reply to your application within 30 days , and this becomes 48 hours when the information asked concerns the life and liberty of a person. 

- Further ,as per section 19 of the RTI Act , First appeal should be filed within 30 days from the date of expiry of the prescribed period .

- Further , as per Section 19(3) of the RTI Act , second appeal can be filed within 90 days from the date of the expiry of First Appeal. 

And further, Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.

- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.

- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.

- Hence , you can cancel the deal and ask for return the amount deposited with the builder /developer.due to the said reasons . 

Mohammed Shahzad
Advocate, Delhi
5910 Answers
60 Consultations

5.0 on 5.0

You should wait for RTI reply 

 

2) PIO should be sending you the RTI reply within a time period of 30 days. These 30 days are counted from the date your RTI Application was received by the PIO. It is mandatory for the PIO to reply to your RTI application within this time period.

 

3) after receipt of reply you would have valid grounds for cancellation of booking of apartment and can seek refund from the builder 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

It will be same both cancellation and termination in your case

Prashant Nayak
Advocate, Mumbai
22962 Answers
49 Consultations

4.4 on 5.0

RTI act guarantees that the PIO should respond to an application within 30 days.

After sending your letter seeking information through RTI act, you will receive registered post tracking link along with the soft copy of your application. As your application goes through different stages in our drafting process, you will be notified of the progress.

The government officer handling RTI is called Public Information Officer(PIO). PIO responds to RTI applications and sends directly to applicants address mentioned in the RTI application.

The first appeal may be made within 30 days from the date of expiry of the prescribed period or from the receipt of communication from the CPIO. If the First Appellate Authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal, the appeal may be admitted after 30 days also

If the applicant does not receive a response to the application within 30 days from the date of receipt of the application, then the applicant can file a first appeal under section 19 of the RTI Act. .

 It is mandatory for the PIO to reply to your RTI application within this time period

 

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

You should file an appeal if the lower authorities are not provide you with the information.

File a complaint against the builder in the RERA tribunal.

Rahul Mishra
Advocate, Lucknow
11781 Answers
23 Consultations

5.0 on 5.0

This would be called termination of the agreement. You can proceed.

RTI answer time limit is 30 days. After that you can file appeal 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

This can be answered by only a local lawyer.

Ashish Davessar
Advocate, Jaipur
30295 Answers
879 Consultations

5.0 on 5.0

1. You may terminate the agreement by mentioning the reason and also stating that the builder is deviating from approved plans.

2. The RTI process was suggested so that you have strong reason to content your ground.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

Dear Sir,

You are informed hereby that you will receive the information within one month by way of RTI. Also, when you cancel the booking and withdraw from the project, the agreement gets terminated and you may claim the money with interest after 90 days of notice. 

Ganesh Singh
Advocate, New Delhi
6568 Answers
13 Consultations

4.5 on 5.0

You can cancel the booking for deviation from construction plan. Certainly OC will not issue due to illegal construction. RTI reply may get in 1 month maximum. IF not provided, than have to file appeal which will take more time.

Cancellation of booking and entitle to full refund.

Yogendra Singh Rajawat
Advocate, Jaipur
21421 Answers
31 Consultations

4.4 on 5.0

RTI act guarantees that the PIO should respond to an application within 30 days. However in some cases, users never get the information sought. In scenarios where the information was not provided you can file for first appeal.

 

Mohammed Mujeeb
Advocate, Hyderabad
18991 Answers
15 Consultations

4.5 on 5.0

1. There is fixed period of 30 days under RTI act with in which department have to provide information to applicant. 

2. It will termination of agreement and cancellation of booking.

3. Builder can deduct cancellation charges which you have agreed through booking agreement at time of booking the flat. 

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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