Nclt or consumer forum
raj malhotra
(Querist) 15 September 2020
This query is : Resolved
I invested in an under construction housing project. Agreement signed in 2015. promised date of possession :- 5 year from date of agreement plus 1 year grace.
RERA date was feb 2020 which the builder extended to feb 2021 and now to feb 2022 citing COVID.
Project is stuck since dec 2017. no progress since then and does not looks like it will progress.
we have sufficient numbers for NCDRC revised limit of Rs. 10 crore as well as NCLT(IBC) . Which forum should we move to recover money
Thanks and Regards
Aggrieved buyer
Dr J C Vashista
(Expert) 15 September 2020
Although there is huge pendency you should prefer NCDRC
Jatin Sapra 9312223345,Delhi
(Expert) 15 September 2020
There may be difference of opinion but I opine for NCLT as it puts company under some pressure at least.
Advocate Bhartesh goyal
(Expert) 15 September 2020
For better adjudication approach Consumer Forum having jurisdiction.
P. Venu
(Expert) 15 September 2020
It is a matter of discretion of the aggrieved persons and the legal professional they would be engaging.
Sourav Das
(Expert) 15 September 2020
Approach before NCDRC
R.K Nanda
(Expert) 15 September 2020
Better opt for ncdrc.
Shilesh Patel
(Expert) 15 September 2020
agreed with the expert's file a complaint in NCDRC.
Adv Shailendra Deshpande
(Expert) 15 September 2020
Since RERA is applicable, you have option to file case under the same. It gives faster remedy in case of withdrawal from project or for delayed possession. Check with State RERA provisions.
Rajendra K Goyal
(Expert) 15 September 2020
What is the total value of the property with interest, compensation claimed?
Presently the cases upto one crore are to be filed at District Consumer Disputes Redressal forum while cases upto 10 crore can be filed with State Commission.
You have the option to move RERA or NCLT.
Rajendra K Goyal
(Expert) 15 September 2020
You have not mentioned the tune of your claim and the grounds of your claim.
If you want to get back your money paid, it is doubtful as the date for handing over is not over as per your agreement (four year + one year).
Rajendra K Goyal
(Expert) 15 September 2020
RERA deadline is for project, it may not affect your claim, moreover, it is not over till date.
Sometime while getting Registration of project with RERA, developers show that the project is new, no advance taken from any allottee. Try to get documents from RERA submitted by developer through RTI. It may be helpful in your claim.
