Plot development scheme under rera

jesal (Querist) 27 April 2018 This query is : Resolved
Dear Expert,
I have booked a plot in monthly payment scheme in 60 Equated amount. Scheme started for the period from April 2011 to March 2016. Developer neither registered allotted plot to me nor developed land, which was promised at the time of booking. My query is whether RERA is applicable , if yes then what are the legal proceedings..

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Siddharth Jain (Expert) 27 April 2018
Firstly, you'll have to serve a legal notice to the builder to get the plot alotted in your name, as well as asking him to pay interest for the delay caused by him. If he fails to adhere, you can file a complaint in consumer Court for Deficiency of services and unfair trade practices by the developer.
In case the developer/ builder defaults and delays the possession of the property as per the 'agreement of sale', the buyer has the right to claim the refund of the amount paid along with interest as per RERA, but it's enforceability of these is still unanswered and depends from State to State.
For any other queries feel free to contact me at isidjain1@gmail.com

Kumar Doab (Expert) 27 April 2018
Apparently plot is allotted as per your post..

Go thru REARA rules as framed in your state and relate..

Kumar Doab (Expert) 27 April 2018
Take help of a very able senior LOCAL counsel of unshakable repute and integrity specializing in Consumer matters and having successful track record ….. and worth his/her salt … and show all docs starting from advertisement, brochure, allotment letter and all communications till date....without delay.

Ms.Usha Kapoor (Expert) 28 April 2018
Agree With Siddharth Jain.

Dr J C Vashista (Expert) 28 April 2018
Show the agreement to a local lawyer and proceed as advised.
No permutation and combination can be made to advise without knowing relevant facts.