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Akash Sadhwani   30 April 2017

Consumer complaint against builder

Hi, I bought flat in ahmedabad in 2011, I got possession in October 2011. Since i bought the flat there were some cracks on walls. I complained to builder several times earlier but didn't get any solutions. Now the cracks increased and in different walls of the house and quality of construction is pathetic. I bought this house from my hard earned money. I need suggestion can I raise complaint in consumer forum against the builder? As alredy 5.6 years completed of the possession.


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 7 Replies

Kumar Doab (FIN)     30 April 2017

Did you complain under proper acknowledgment!

Apparently there is delay.

Seek opinion from local counsel of unshakable repute and integrity specializng in cosumer matters.

If quality of construction is pathetic as per your post then other flat owners may also be experiencing similar issues pertaining to quality.

Advocate Bhartesh goyal (advocate)     30 April 2017

You should have filed complaint before consumer forum within two years of getting possession of flat,now your complaint is not maintainable as time barred.

Nitish Banka (lawyer)     04 February 2018

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. Read this article and get out of mess without high legal fees.

Nitish Banka (lawyer)     31 March 2018

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

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.

Image result for builder complaints

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

Jinesh (none)     06 April 2018

Check if there is any defect liability period in the Agreement which you have executed with the promoter. 

Nitish Banka (lawyer)     12 April 2018

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

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.

Image result for builder complaints

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

 

 

 

Nitish Banka (lawyer)     24 April 2018

Posted by: Nitish Banka  Categories: Civil Law consumer 
 

 

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.

Image result for rera

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-:

14th Floor Vikas Minar, ITO, New Delhi

 The webpage of Delhi RERA is https://dda.org.in/rera/

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

Real Estate Regulatory Authority Haryana
Executive Officer, RERA, HUDA Complex (Central Block),
Sec-6, Panchkula.
Phone: +91 172-2583132
E-Mail: officer.rera.hry@gmail.com

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

Moneycontrol.com–06-Apr-2018
“Section 11 (2) of RERA states that the advertisement or prospectus issued or published by the promoter shall mention prominently the website address of the Authority, wherein all details of the registered project have been entered and include the registration number obtained from the Authority and such other matters …

RERA warns builders of action for late registration

Daily News & Analysis–16-Jul-2017
We can even take suo motu action against builders who fail to register their projects after the deadline of July 31, on mere intimation about the same,” said Vasant Prabhu, secretary, Maha RERA. “However, we are expecting all the builders to register their projects within the deadline or else we will fine the …

RERA to Mumbai builder: Compensate buyers for delay in giving …

Hindustan Times–31-Mar-2018
The Maharashtra Real Estate Regulatory Authority (MahaRERA) in its recent order has rapped a builder who violated construction rules and tried to put the blame of delay in possession of a flat on government agencies. The order also provided relief to homebuyers who were given possession of their …

MahaRera directs builder to refund cash component over delay in …

Times of India–20-Mar-2018
MUMBAI: Maharashtra Real Estate and Regulatory Authority (RERA) recently directed a builder to repay with interest Rs 25 lakh including a cash amount of … The Rera Member said that grounds of delay given by the builder, could be treated as mitigating factors to refuse buyer’s claim for compensation.
 
Advocate Nitish Banka
9891549997

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