• Flat purchased

1. I purchased flat in underconstruction building in 2012, it got registered in RERA in 2016 The building completed in 2017 but still not done as per the promises made and qualifty of constuction is very very poor. Like sewearge treatment plant not done, electricity substation not installed yet and people are living on temporary connection. one Lift not done, etc etc
2. Builder started posession in 2017 many occupants took posession and RWA also registered. I filed case for my refund in RERA Jaipur in 2021, NOv 2022 order came of RERA which instructed builder to pay me the interest on amount given by me @ 9% per annum and adjust in due amount if any. But rera court said that since occupany started, cancellation of flat and refund cannot be done.
3. There was no due amount of my flat. I asked builder to pay me the interest amount as per RERA order. He assured me to give the same but do the registry. I also wanted registry to happen, to safe my flat, so I did registry in March 2024 but mentioned one clause in registry that Builder will pay me my due interest amount as per RERA court order.
4. Now builder not paying me amount as per RERA Jaipur Courtorder and mentioned by him in registry of flat.
What options I have.
1. I think i can approach to RERA for execution of order. What RERA court will do, when builder not following their order.
2. Can i File case in consumer court also to increase pressure on Builder, I am from Indore and Flat in Jaipur, so i want to file case in Indore. In initial agreement at the time of booking flat in 2012, jurisdicition was mentioned in Jaipur. but in registry no jurisdiction mentioned. 
Any course of action i can take, pls suggest
Asked 11 days ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

8 Answers

take out execution proceedings of RERA order 

 

2) 

an aggrieved home buyer can approach RERA  under Section 63 of the Act, which provides for penalty in case of failure to comply with the orders or directions of RERA

 

3)In case a developer does not honour the RERA  order, it. Is forwarded   to the concerned district magistrate to recover the dues. The district magistrate recovers the money as arrears of land revenue. Money so recovered is deposited in RERA  account and from there it is transferred to the beneficiaries of the RERA order."

Ajay Sethi
Advocate, Mumbai
94809 Answers
7554 Consultations

5.0 on 5.0

In case a developer fails to comply with the RERA order, the homebuyer may approach the Appellate Tribunal to enforce the order. The Appellate Tribunal can issue orders for the attachment of property, imposition of fines, or any other necessary action to compel compliance.

You may have to check if the case is not barred by limitation to appraoch consumer commission, if it is not then you can appraoch consumer commission too.

T Kalaiselvan
Advocate, Vellore
85010 Answers
2208 Consultations

5.0 on 5.0

Dear Client,

Since the builder is not complying with the RERA Jaipur court order to pay you the interest amount as per the order, you can approach RERA again for the execution of the order. RERA has the authority to enforce its orders, and they can take action against the builder for non-compliance, which may include penalties or other measures. You can also consider filing a case in the consumer court to increase pressure on the builder. Since you're from Indore and the flat is in Jaipur, you may prefer to file the case in Indore. Even though the initial agreement mentioned Jaipur as the jurisdiction, since there is no jurisdiction mentioned in the registry, you might have more flexibility in choosing the jurisdiction. Make sure to keep all communication with the builder, including emails, letters, and any agreements or court orders. Documenting everything will strengthen your case in both RERA and the consumer court.

Anik Miu
Advocate, Bangalore
8943 Answers
110 Consultations

4.7 on 5.0

 


  1. Execution of Order: You're on the right track. You can definitely approach RERA for execution of their order. RERA has the authority to:

    • Attach and sell the builder's property to recover the awarded amount.
    • Detain the builder's directors in extreme cases.


  2. Timeline: Be prepared for some delay as execution of orders can take time.

Consumer Court:

  1. Jurisdiction: As the property is based at jaipur, the case will be filed in Jaipur and not in Indore.

  2. Case for Consumer Court: Consider these points for the consumer court case:

    • Deficiencies in construction (Sewage treatment plant, electricity substation, lifts)
    • Builder's failure to pay court-ordered interest

    • Maintain Records: Ensure you have copies of the agreement, RERA order, registry document, communication records with the builder, and any proof of deficiencies in construction.

Regards,

Arunkumar Khedia

Advocate Bombay Highcourt

Arunkumar Khedia
Advocate, Mumbai
10 Answers

Not rated

Yes you can do the above as well as approach rera

Prashant Nayak
Advocate, Mumbai
31968 Answers
180 Consultations

4.1 on 5.0

1.  As you have rightly suggested, you can approach RERA to order for execution of it's 2022 order.

2.  Parallel action of filing a case in Consumer Court will put additional pressure on the Builder. Since the property is situated in Jaipur, it's prudent to file a case in Jaipur itself.

Shashidhar S. Sastry
Advocate, Bangalore
5129 Answers
314 Consultations

5.0 on 5.0

You should filed an appeal against the order. Have to approach RERA for execution. 

Case will file in Jaipur only. Consumer court is simultaneous remedy with RERA which you can initiate. 

Case will file in Jaipur only. 

Yogendra Singh Rajawat
Advocate, Jaipur
22659 Answers
31 Consultations

4.4 on 5.0

- A Consumer Commission in Kerala direct builder to pay Rs 10 lakh to a home buyer for delayed and poor quality construction of the house.

- Further, as per section 14(3) of the RERA Act, the builder is liable to rectify the defect without further charges. 

- Further, this rectification of the improper or poor construction quality needs to take place within 30 days of the issue being reported by the buyer.

- Further, if the builder fails to rectify the defects within the prescribed time, the buyer is liable to receive adequate compensation under the Act.

- Since , the Society has already formed , then Society should approach the RERA or Consumer court against the said builder for poor construction.

- Further, as the RERA has already passed its order in your favor , then in case of non-compliance of the said order you can file an Execution petition before the consumer court where the builder office is based 

- The RERA can direct SDM to take legal action against the builder. 

- Further, you have also right to lodge a complaint before the Consumer forum as well. 

Mohammed Shahzad
Advocate, Delhi
13267 Answers
198 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer