Dear client, I am sorry to hear that but in this case you can ask for refund of money if the project is not on time or else file a case as proposed.
Distressed Property High Court Approach Fee Question
We had Booked Flats in a Residential Project Near Thane, Mumbai. The Project Completion deadline Per MOFA Agreements Was 03/2018. Now 2022 is Coming to an End and there is No Plinth constructed of the Buildings. Considering Various Legal Options Given the Complexity of the case the Society is Considering to Move the Honorable Bombay HC. There is Landlord involved asking for Additional FSI, Existing Developer is Out on Bail on various charges, RERA Project was registered but Date given in Dec 2024 even that cannot be Honoured. So what the Society is thinking that we should approach HC on Civil Suit and ask for similar relief as in Amrapali Developer Case where Supreme court handed Project to NBCC. One Question Society has is around court fees, its round 5 % of valuation is what we have heard and the Amount here can exceed 3 Lakhs. Now our Question is Will such court fee applies to us, We are Distressed buyers already Managing Heavy Loans. And Society is not a Business entity its a Charitable Organization Formed on the basis on Individulas. So Is the Court Fees Mandatory for HC. Who has to Pay that Amount We as Distress buyers Or the Developer who has defaulted this Project and Forced us to Approach HC. Is the Court Fee refundable Or Is there any way to get around such heavy fees part. Thanks
Asked 3 years ago in Property Law
Religion: Christian
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7 Answers
Though Court fee varies State to State, there is no such fixed percentage of Court fee. In all States it is slab system of computation of Court fee. The petitioner has to pay the Court fee. You need to file writ in High Court for which there is fixed Court fee. Cost of Court and expenses like lawyer's fee will be imposed on the party loosing the case and paid to winning party.
- 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.
- Hence, you can approach the RERA or Consumer Court against the said builder for saving the court fees and get the refund of the paid amount or for getting possession.
- There is no provision to waive the court fees on the ground of distress buyers in High Court , however you can move an application for the same.
- Further, if you win the case then the paid court fees may be refunded.
You have to pay court fees if you file suit in HC against st developer
2) in alternative file complaint against builder before consumer forum and seek orders to direct builder to complete construction within stipulated period
3) to pay interest for delayed possession and pay compensation for mental torture undergone by you
Instead of approaching Bombay high court, why don't you exhaust the remedies available before RERA or consumer commission.
There is no court fee payable before such forums to the extent which is reportedly terrifying you.
Any relief that you get through high court also has to be executed, if the builder is not obeying the conditions or orders of high court, you can once again put him into prison thus your purpose will not be solved.
Therefore you have an option to cancel the booking and demand refund of amount paid along with interest from the date of making payment till the date of realisation.
You can claim compensation too through consumer forum for the deficiency in service and causing mental agony etc.
Civil suit is barred under Rera
What I get from your query that you are free sale flat purchasers who have constituted a society
There is a landlord of the old building who has granted development rights to the builder
Assuming that a suit is maintainable the court fee will have to be paid by the Plaintiff society
Court fees payment can be postponed if the society members are destitutes
Refund of court fees can happen when there is a settlement between disputing parties by filing consent terms in court
File rera complaints. Suit is barred under Rera
If it's for compensation then you can go to consumer court. There is negligible court fees in it. If other directions you need then you can go for civil suit
