How to file a case against a developer in which court
julie MDsouza
(Querist) 16 October 2017
This query is : Resolved
I would like an expert advice; I had invested in a chawl system house in 2003 and was staying there until a developer took it for redevelopment in the year 2006. An agreement was made but before that he were not there when the survey was conducted and that stand took us as non-eligibility according annexure II. We were asked to submit originals by the developer for eligibility in Mahada since we both husband and wife are working aboard. The building has come up in the year 2008 but no rooms were allotted during that time. The reason stated was non-eligibility and a rent of Rs. 2000.00 were started. Constant follow ups on our visit to India, filing RTI in the year 2013, none worked and now since 2016 January, rent too has stopped the reasons mentioned was no evidence found of owing the premises. When we asked for our original papers, firstly we were told they are misplaced, but when an FIR was filed we found the originals were duplicated and manipulated. On June 2017 we consulted a lawyer and a legal notice was send to the builder. He responded end of July 2017 telling my lawyer he will allot the rooms by end of August 2017. But now the scene is both are not answering the lawyer says he is unable to handle our case, look for another one. What should we do at this juncture.
Gopal Verma Advocate-on-Record
(Expert) 16 October 2017
Under the new act there is no need of lawyer to be engaged. You can directly approch the RERA and sort out the dispute with the builder.
SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
PH-9810090507
Rajendra K Goyal
(Expert) 16 October 2017
Full case file need to be referred, engage and discuss with another lawyer.
julie MDsouza
(Querist) 17 October 2017
Thanks Gopalji and Goyalji.
julie MDsouza
(Querist) 17 October 2017
Gopalji as you have suggested RERA, how long does this process takes and is it a process where a prior appointment to be taken with the RERA authorities.
Rajendra K Goyal
(Expert) 17 October 2017
Since RERA is new avenue and in some states proper infrastructure has not been established. Under the circumstances, RERA avenue may not take much time.
May explore the possibility of lodging complaint with consumer forum.
Guest
(Expert) 18 October 2017
Annexure II , I will be very clear this word is generally used for Slum redevelopment project. To get free house 1) You need to reside in that place before 2000 2) You should reside there continuously till clearance order is issued 3) This matter is taken under Maharashtra Slum Area Act
Now you may have failed to prove you were residing and thus declared not eligible for free house
You state you were out of India
Sorry to say you lost your investment No further option
julie MDsouza
(Querist) 18 October 2017
Ms Madhu thanks for your reply, but i do have evidence of my bills such as reliance, water bills paid until the developer took it for redevelopment, a second survey was done in our presence by the Mahada authorities, and that is how the developer had agreed with a written agreement.
Guest
(Expert) 18 October 2017
I will be honest , presentation of evidence is also art , you may have presented wrong evidence or evidence which eventually went against you. First your expectation is legally wrong then you may have presented something which may have hurt you. There can be second survey by other group over first group to see that fake entites are not there or fraud not done by first team , Free housing is big scam , so some time they bring complete new batch of survey people even from other area , Eg. If matter is of mumbai that day officers must be from Solapur on special duty or at least one imp. person in batch.
You can try with appellate authority but it is loosing case , all is in your hand
