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Miqdad Ali   01 May 2023

Can i get stay for builder handing over to association?

I have a RERA Karnataka complaint filed for multiple allegations with builder. Now builder is trying to handing over apartment to association without even complete handover to owners. Only 10 familty started staying from 439 families. Builder is trying to escape from all their liability. 
Can we get stay for yhe same? How can we get the same?

My home loan last installment DD has released from bank on 3rd March, and same will be cancellled aftet 3 month. I don't have any other option to pay this last installment (Rs. 6 lakh). If RERA Complaint takes more time what solution i have for this?

RERA has already sent notice to builder for my complaint. They're supposed to give reply before 5th May.

Complaints:
1. Builder is not providing promised amenities.
2. Builder is charging maintenance before possession.
3. Builder is not mentioning future water sources.
4. Builder not allowing third party inspection, but mentioned clause saying we inspected.
5. Builders charge extra money which is not mentioned in cost breakup when we sign the sale agreement.
6. Builder forces us to set the timing for our home internal work.
7. Builder saying “Their employee can inspect our home without any prior notice”



Learning

 5 Replies

Adv. Mohit Chahal (Advocate)     01 May 2023

Dear Querist

Your desired solution of complaint would be addressed by RERA.

All promised amenities alongwith interest on delay would also be ordered by RERA subject to your Agreement T&C.

Feel free to contact for further clarifications.

Regards
Mohit Chahal
Advocate
WhatsApp No. 9968911099

https://mohitchahaladvocate.business.site


....

T. Kalaiselvan, Advocate (Advocate)     01 May 2023

This is a fittest case for a complaint against the builder before RERA.

The RERA will take action as per their rules and regulations.

Since the builder is trying to handover possession to owners forcibly without fulfilling all the requirements that have been envisaged in the agreement, in the same complaint before the RERA,. you can file another application seeking to restrain the builder from forcing the owners to take possession till disposal of the complaint by RERA in this regard, as an interim relief. 

Miqdad Ali   01 May 2023

I am not sure is there any rovision in RERA to update interim relief which already mentioned. Can you help me with steps? Should I file new complaint? My current one RERA already sent notice to builder

Miqdad Ali   02 May 2023

Hi Sir,

My complaint is already registered and RERA has sent notice to builder. Could you please let me know the process for updating 'interim relief' for the same?

Dr J C Vashista (Advocate)     03 May 2023

You have already stated to have instituted complaint against builder through a local prudent lawyer, it would be appropriate to seek and follow his/ her opinion and advise as s/he is well aware about the facts and circumstances of the case besides the fact that s/he is an able, competent and intelligent enough to provide propere advise. 


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