Yes engage a new lawyer and file the same you don't need earlier lawyer. Seek noc from earlier lawyer
Need legal advice on execution of RERA order on Noida property
Hello Noida Builder didn't deliver the property as per the time frame specified in buyer's agreement. Case was filed under RERA against builder. RERA didnt issue recovery certificate. Writ petition was supposed to be filed in high court to challenge RERA order and demand for recovery certificate. A new lawyer was hired but he is delaying filing the petition in high court since past 6 months. There might be chances that he has colluded with the builder. Question Part 1: What are the options available to me to get the case filed? Please explain in detail. Follow up question part 2: Can I get current lawyer out of this case and assign some other lawyer? Or have other lawyer working with him to get the case filed?
Asked 3 years ago in Property Law
Religion: Hindu
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13 Answers
1. You can terminate the vakalatnama given to the lawyer by issuing a legal notice to him and engage a new and better to handle the case.
2. Yes, you can
Since no petition has been filed by your new lawyer you are at liberty to engage another advocate for filing writ petition in HC
you don’t need NOC of your lawyer to file writ petition through another lawyer
Rule 23 of U.P. RERA Rules provides manner of recovery of interest, penalty and compensation. Every decree/order of RERA Authority can be enforce by such Authority as if it were a decree or order made by Court of principal civil judge. In the even of its inability to execute its decree or order, the same can be sent to principal civil Court in which the project is located or the person against whom decree or order is passed. File execution proceeding in RERA or seek transfer of decree/order to the court of principal civil judge for execution. If your representation for execution or transfer of decree/order is rejected than approach High Court. You are at liberty of change your Advocate at any time and engage a new Advocate.
- As per the RERA Act, if the builder is delaying in construction & delay in possession, then the builder will have to pay 10% interest on the value of the property for delayed possession of flats.
- Hence, if builder fails to delivers the possession of the flat to you on time, then you can cancel the agreement due to his fault and you are liable to get full refund of paid amount with 10 percent interest.
- Further, if you get the possession of the said flat lately, then also you can claim 10% compensation from the builder.
- Since, you have already filed the compliant before the RERA , then on non issuing the recovery certificate , you can move an application for the same , and on rejection you can approach the appellate authority .
- Further, you have also option to file a compliant before the consumer forum for urgent recovery of the amount and also for claiming the compensation for harassment caused due to delay .
- If the said lawyer is doing as per your instruction , then you can replace him with a new one.
Dear Client,
You can get the case filed through a new lawyer through affidavit and new valatnama in the court. The new lawyer can help you with that.
1. if you have reasons to believe that your current lawyer is colluding with the builder then you can discharge him by paying his fees and ask him to return your brief/papers
2. thereafter you can engage any other lawyer of your choice and have the petition filed in the court
This property in question was under construction project and purchased from builder in 2010, it is still under construction till date. Current lawyer got the duly-signed vakalatnama and took full fee amount from me around 6 months ago. After so many follow ups and repeated emails & calls for 4 months, he claimed to file the case in Allahabad high court. But since past 2 months, he is not providing case number to check case status online. Either he has not filed the case and simply delaying the filing of case to provide advantage to builder and cancel the booking of flat. Now he has stopped replying to emails and not picking up the calls. In this scenario, what is the process to cancel vakalatnama ? or how to introduce a new lawyer into the case either along with current lawyer or the case passed onto new lawyer altogether?
Asked 3 years ago
Issue notice to lawyer to furnish copy of case number filed in HC and also copy of petition filed by him
if he refuses file complaint against him before bar council
It is not understood that for what purpose you have given vakalatnama to the lawyer, i.e., whether to file a case before sub ordinate court or before high court.
Well whatever it is, you were advised to issue a notice to the lawyer intimating your decision to cancel the vakalatnama and keep the copy of this notice, file the proposed case through a new lawyer based on the legal notice you had issued to the previous lawyer.
Before that you decide what relief you desire to obtain and through which legal forum or court.
High court has nothing to do with this, you may have to exhaust the remedies available in the subordinate court or the legal forum for the relief after which you can get your grievances redressed through high court if they were not properly addressed by the lower court/forum.
You can engage a new lawyer
You need not wait for your current lawyer if he is not responding
In fact his not replying after having collected fees amounts to professional misconduct which is very sad
Atleast he is expected to reply to his client's messages and calls
Your new lawyer can check from the court's website by party's name if a case has been filed by your current lawyer
If yes then your new lawyer can apply for certified copy of proceedings filed with the court
You can do both engage 2 lawyers or change earlier lawyer
- You can engage a new lawyer for the said work , after informing the predecessor for the same.
- You have your legal right to change the present advocate , if you are not satisfied with his work.
Dear Client,
Get a no objection certificate on your vakaltnama from your present lawyer and you can take help from your new lawyer to get it filed.