How to fight case against builder when you have no money?

If you are a flat buyer and still waiting for possession of your dream flat and there has been years of delay now. You are also paying Rent and EMI you are financially drained and want to get out of the mess.

One option is you go for legal remedy in court of law RERA or consumer forum individually which will again cost you more and more money and also time. This is an old technique which many people are using.

Other option is you search for other people like you and you will find around 100-200 people who are affected by false promises made by builder.

But how this is going to help you…

If you form a group of at least 5-10 people to start with. You can initiate a legal proceedings against builder in NCDRC consumer forum under 12(1)(C) of consumer forum

Again a legal proceeding I don’t want to get into all this…

Well this is a different procedure here you file a case in a group like 5-10 people.

What about legal cost?

Since you are filing a single complaint against builder so cost factor is minimum as compared to individual complaint.

Like individual complaint cost increases as your case progresses in this case the legal cost reduces as more and more people become part of the complaint.

Is it effective.

Since may people will join for a cause it is an effective way to put pressure on builder to settle as number of people are bound to increase as case progesses.

This way at low cost you will get effective remedy.

to know more just mail your query at nitish@lexspeak.in

Adv. Nitish Banka

9891549997

How to file Builder Complaint under RERA?

How to file Builder Complaint under RERA?

About RERA

RERA is Real Estate Regulation Act-2016 the act was passed with an objective to regulate real estate sector in India. Real estate sector contributes to 9% GDP and is 2nd highest employment generator after Agriculture. There was a need to regulate the sector as there was huge number of builders who have defaulted in their commitment of giving possession of flat to allotees. The real estate scam in India is apparent and need to regulate builders was important an then there are one sided agreements and cheating done by builders

About 67% of projects in Delhi/NCR are delayed by more than 2 Years.

The act has a provision of mandatory registration of Builders and real estate agents and establishment of real estate regulatory authority to look into the matters related to complaint against builders.

A Builder complaint can be lodged in RERA under Section 31 of RERA Act.

Builder Complaint Before Real Estate Regulatory Authority

Every State in India has RERA and under RERA builder projects are registered there are stringent provisions under which the builder has to disclose details of the project and file sanction plans,completion dates etc before he could even do marketing of the project. There are strict penalty clauses in the act with regards to non-registration of the projects.

Under Section 31 an allotee can approach RERA and can file builder complaint under RERA act. The format of complaint differ from state to state. Here we will evaluating RERA forums of Delhi and NCR.

RERA in Delhi

Delhi Rera has interim Regulatory Authority situated at Vikas Minar ITO

Complete Address-:

They have online complaint link https://dda.org.in/rera/EncroachDataUpload.aspx

However it is advisible to visit and file complaint under section 31 of RERA act against builders or rela estate agents in Delhi.

RERA in Haryana

In Haryana two RERA authorities are there one in Panchkula and

Haryana RERA Office Address

Click here to download notification

RERA in Gurgaon

The Gurgaon RERA is situated at make shift office PWD Guest house

Haryana Real Estate Regulatory Authority (H-Rera) will be finally set up in Gurugram from February 1, officials said.

The temporary office will start functioning out of the public works department (PWD) guest house on Old Railway Road near the Gurugram police commissionerate. However, the permanent office will come up in Sector 44 six months later.

RERA in Uttar Pradesh

UP Rera has a proper website and a link to lodge complaint

Website https://www.up-rera.in/index

Address

6 J.C.BOSE MARG, LALBAGH,LUCKNOW, Uttar Pradesh

E-mail: contactuprera@up-rera.in

Interest and Compensation under RERA

The authority has wide powers for redressal of complaint under RERA hera are some of recent News of decisions by RERA

H-Rera fines Gurugram builder 30 lakh for advertising project without registration

“The authority is of the view that Krisumi Corporation has violated the provisions by publishing the advertisement in the newspapers as well as on the website without getting prior registration of the project from the Haryana Real Estate Regulatory Authority, Gurugram in whose jurisdiction the said project falls and thereby committed the violation of Section 3 (1) of the Act and rendered themselves for action under Section 59 (1) of the ibid Act,” H-Rera chairman Khandelwal observed in the detailed order. Directing the company to pay Rs 30 lakh as penalty for the violations, the authority further observed that such violation would not be allowed.

Source: https://timesofindia.indiatimes.com/city/chandigarh/h-rera-fines-gurugram-builder-30-lakh-for-advertising-project-without-registration/articleshow/63497315.cms

MahaRERA imposes Rs 50 lakh fine on Piramal Realty