Want to file case thru RERA

The Supreme Court held that the RERA does not bar the jurisdiction of the CP Act to deal with the complaints filed by consumers who are homebuyers or allottees of real estate projects registered under RERA.

As CP Act is in addition to other remedies, you can file  complaint before the District Consumer forum immediately as the project is not registered with RERA

When the builder firm is not registered with RERA, then there is no use in making a complaint to RERA.

Please file RTI Application to RERA (Search website and file online RTI) and get information from them.

Information solicited:

1.Please provide the specific stipulation on the limitation period as stated in RERA.

2.Please provide the specific stipulation of the jurisdiction of filing complaint if the builder is from. KARNATAKA STATE...and the project is at MAHARASHTRA STATE.

Thanks a lot for taking ur valuable time to give advise me.
I am from Goa. RERA office in Goa told me that the jurisdiction under MAHARERA. I registered myself but I can't find the information of the Developer in their website.
My court was about to be dismissed in District Consumer Court of North Goa on grounds that it is an investment & plot simpliciter so the judge advised me to withdraw it & I did on 12th July'21. Waiting for the order. He said no point escalating it as similar case has been dismissed by State Consumer Court.
I did the Token Agreement payment on 6th Aug'16. Finished paying all installments on 21st Feb '19. Sent legal notice on 13th Aug '20. Filed complaint at District Consumer Court on 26th June'21. First hearing was on 8th July & second & final on 12th July'21.
My advocate sent his junior for both hearings & the junior didn't open his mouth before the judge but my advocate has already taken ten thousand from me by cheque & has encashed it. He is asking me to get all the information from RERA.
He had told me forehand that my case would be dismissed. He never advised RERA. He was asking me to give in writing that I will not hold him responsible if it is dismissed. At the outset he is urging me to file a criminal case. What should I do? I am deeply distressed.

I feel so sorry to hear such facts from victims, who invest trusting their life long savings (by sacrificing even small wants) in investment and was put to harassment, thus subjecting to torture financially and mentally by sharks.  I am also not happy with the whims and fancies of DF, wherein they wish to escape from the responsibility by not admitting the cases when there are special courts established.  The same rejections were there in RTI, Seeds, Fertilizers and now even investment from citizens.  Earlier the NSRDC gave umpteen judgments against builders, and now that there is RERA, they wish to escape from the cases and to avoid alleged work load.  Apex court pronounced that remedies under CP Act are additional to what was possible under specific acts.  When they have handled more than one lakh complaints, now State Commission rejecting complaints on the ground that they have no jurisdictions after decades breaks several hearts, as everyone can not approach RERA.

The President informs about such dismissal to the Advocate but still Advocate has not cared to collect all such past decisions to forward his case in the forum and even demand a letter from you that he is not responsible after collecting such fees without never attending.  DF might have been helpless as such a decision was earlier given by State Commission.  I am not competent to comment on DF.  There might have been some weight in their decision if only the builder is registered under RERA.  When there is no relief except under CIVIL case that drags to decades, DF might have found some way out for a remedy in genuine cases instead of escaping from responsibility (earlier they have such jurisdiction) pushing away a consumer with newfound reason after decades.  It is also certain that someone will certainly approach NCRDC and even to Apex court.  Finally, the verdict is that as there is RERA, DF need not accept such complaints..  There are Banking and Insurance Ombudsman but so far there was no rejection of complaints on issues of Banking and insurance by DF, these rejections are only on RTI and Now housing projects.

I can understand the helpless condition and it is true that a criminal case may work out.   If some competent advocate handles the case, he can butter arguments to bring the complaint and record valid arguments with past citations and should have gone for appeals to STATE and National commissions.

I am not also competent to decide the relationship between Forum complaint and consumer complaint as both reliefs are different, and can not comment on your Advocate's opinion for a letter demanding not to hold him responsible for the dismissal.  If he is sincere he should feel more than the client and should have filed a criminal complaint as it is a matter of less than one hour to prepare a criminal complaint on the basis of an already prepared forum complaint.

As suggested, seek such information from RERA through online RTI as it costs just Rs.10/- only.  It is not proper to guide on withdrawing such complaints when there are merits.  If there is no weight in the forum complaint, no advocate should accept such complaint and guide the client to file a simple complaint as a party in person and the costs may not be more than Rs.500/- apart from forum fees.

Wait for expert opinion and do something first by getting such laid down rules under RERA and learn the process of filing complaint RERA as the online complaint system is simple, user-friendly and slight modifications in the consumer complaint are only necessary.

The guidance in the forum must be brief and up to the point but the issue is burning hearts for the carelessness of various professionals involved in subjecting a citizen to harassment, hence it became large with anguish and agony on empathy.

Thanks a lot Sir G.L.N.Prasad for taking out your valuable time for me.