Exparte.
No it will not affect if he is served.
3 years is limitation you need to file within 3 yrs or bring your case within 3 yrs
Plot area shortfall in RERA-approved project – civil case or RERA? need legal guidance
I purchased a plot in a RERA-approved project about 3 years ago. As per the sale deed and agreement, the plot area is mentioned as 2095 sq. ft. However, after measurement, there is a shortfall of approx. 476 sq. ft. Despite multiple attempts to resolve the issue amicably, the developer is refusing to cooperate. He has changed both his office and residential addresses and is only reachable by mobile, which he is not responding to. I have consulted a few lawyers, but I am receiving conflicting advice: Some suggest filing a civil suit for recovery/compensation. Others argue that RERA is merely a regulatory body and may not provide effective relief. I seek guidance from experienced lawyers on the following points: Is RERA the appropriate forum for a case involving a shortfall in plot area, or should I file a civil suit directly? Which option is generally faster and more effective in such cases? If a civil case is filed and the developer does not appear, how does the court proceed (ex parte)? Does the developer’s change of address and non-cooperation affect the choice of legal remedy? Are there any limitations I should be aware of, since the purchase was made 3 years ago? Any practical guidance on the best legal strategy would be highly appreciated.
Asked 1 day ago in Property Law
Religion: Hindu
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6 Answers
A shortfall of 476 sq. ft. (approx. 22% of your total area) is a substantial breach of the Agreement for Sale. Under the Real Estate (Regulation and Development) Act, 2016, the promoter is obligated to deliver the exact "carpet area" or plot area promised.
2)Civil suits for "Specific Performance" or "Recovery" often take 10 to 15 years . RERA is a summary procedure meant to resolve disputes within months.
3)RERA has power
- Order a refund for the shortfall area at the current market rate or the rate mentioned in the agreement plus interest.
- Impose heavy penalties on the developer for non-compliance.
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Attach the developer's bank accounts or other properties to recover the amount (via the District Collector).
4)it the notice cannot be served you can request fir substituted service ie by paper publication and obtain ex parte decree if builder dies not appear in court
5) If you discovered the shortfall recently during a physical measurement or demarcation, you are well within the time limit.Under RERA, the "continuous cause of action" often applies if the possession is deemed "defective."
You may simultaneously take up the issue with your State RERA Authority by lodging a written complaint and file a civil suit against the promoters under the Specific Reliefs Act seeking compensation. In consultation with your lawyer, file an IA seeking an injunction restraining the promoters from taking up any realty projects in future till the disposal of the suit.
Under Section 14 and Section 18 of the RERA Act the promoter is bound to deliver the plot strictly as per the sanctioned plan and agreement.
Any defect in area, misrepresentation, or deviation entitles the allottee to refund with interest, or compensation for deficiency. Further, Section 79 bars civil courts from entertaining matters that RERA authorities can decide. Since this is a shortfall in plot area in a RERA-registered project, it squarely falls within RERA jurisdiction.
Moving RERA court is the better option than approaching civil court.
RERA is faster whereas in civil court it may take years.
As project is Rera registered, rera will have exclusive jurisdiction
The jurisdiction of civil court is barred
Even if the purchase was made 3 years back it does not matter since no limitation is provided for filing a rera complaint
Rera complaint is a summary remedy and hence it would be faster than a regular civil suit which would require a full blown trial which takes many years
Developer's change of address has no bearing on the outcome of the matter. The rera complaint is to be uploaded on the rera portal and so the developer will automatically come to know about filing of the complaint
