Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Can i file complaint in rera.. if yes what is the process

(Querist) 22 November 2017 This query is : Resolved 
Respected Sir,
My friend is the society member of MHADA colony, Thane. He has entered with all society members in redevlopment agreement with builder dated 12/11/2012 which is registered under RERA Act. It was agreed between them that builder will give monthly rent and 2bhk flat with area 485 sq. ft. carpet. But till date he is not registering flat on their name and he has given only 22 months rent in advance. Now he has stopped paying rent also. When he goes to his office he says that he will not registered it rudely. So can we file complaint against him under RERA Act. If yes what is process if all members together want to complain. One more thing one of our committee membe on behalf of society also file R. C. suit against builder, MBMC and MHADA in 2015 application for injuction under order XXXIX Rule 1 and 2. In which court has passes interim order in favor of builder and application is rejected. The case is pending. Builder is telling us to withdraw the case from the court. My friend said we will withdraw this case only when you will give it written that you will registered flat on our name as promised in registered irrevocable power of attorney. He is not giving it written and telling whatever you want to do please go ahead. He has strong political support so all members are not ready to file complaint against him. My friend is afraid to file case alone so made few members ready. What is procedure to file complain under RERA through few society member.. Thanks
Guest (Expert) 23 November 2017
There is some serious question raised you say you property is in Thane then how you made MBMC party
Second on what condition MAHDA alloted land to your society
Third MAHADA is separate organization and have special act
Fourth RERA is new act but provision of MAHDA too required to be studied specially relationship between you MAHADA and that Builder .
I feel on your information it will be difficult to guide you
Guest (Expert) 23 November 2017
Generally what happens I will tell you , when land is owned by some organization like Govt /Semi Govt for their redevelopment lot permission is requried and many builder bypass such permission and this create problem.
Means they show you building plan is sanctioned and you believe but you fail to notice that it is just sanction of building plan and they are not telling or giving clearance of title to land .
So whenever land belongs to any govt /semi govt organization / MAHDA like organization you need to check title first then only opinion can be given
Rakhi Jadav (Querist) 24 November 2017
Actually it is in Mira Road, Thane... so here MBMC's approval is required. My friend was staying at MHADA's society which is 20 years old building. So builders approched them for redevlopment and promised them that he will give them rent till building gets ready and 450 sq ft flat. but now he is denying. MHADA society entered in agreement in 2012. RERA Act passed in 2016. But this project is registered under RERA. So she thinks he she will file complain in RERA she will get fast relief. please suggest what to do.
Rakhi Jadav (Querist) 24 November 2017
Actually it is in Mira Road, Thane... so here MBMC's approval is required. My friend was staying at MHADA's society which is 20 years old building. So builders approched them for redevlopment and promised them that he will give them rent till building gets ready and 450 sq ft flat. but now he is denying. MHADA society entered in agreement in 2012. RERA Act passed in 2016. But this project is registered under RERA. So she thinks he she will file complain in RERA she will get fast relief. please suggest what to do.
Guest (Expert) 24 November 2017
still confused whether MAHADA cleared the project
Rakhi Jadav (Querist) 25 November 2017
yes MHADA has cleared the project.


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