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Viral Dalal (Prop)     04 February 2018

Criminal / civil / rera (confused)

Dear Sir/ Madam, Please help as stuck in tangle and if not found proper channel than could be homeless. Old builder : Sadguru construction (prop. Bharat Joshi) From 2006 till 2015 Purchased Flat : Flat no 1403 and registered on 2014 Joint Venture : Alta Sadguru construction 2013-2015 Flat no 103 : Given to us thru in person notary document for staying till my 1403 is ready in 2012 Flat no 103 : registered by Bharat Joshi / Mrs Joshi thru power of attorney on his son in law / daughter stayin in USA in 2014 Loan : Took loan from DHFL and now with Federal Bank and bank saying to take posession as they have defaulted. New Builder : Alta Construction 2016 (prop Mukesh Shah ) (RERA registered –P51800010872) Society : Sham Nirmal Chs , narsing lane, malad west • We are family of 6 (senior citizen parents 70 + 2 daughters) • We had purchased 3BHK on Jan 2008 & all my savings had been channelised. • I paid full down payment of 38.45 lakhs,(Jan 2008 till Feb 2008). • He had promised me possession in two years & after 5 years of no moments i approached him and writing letters to take legal actions. • He settled with me 3bhk in same under construction building and thru one deed gave in writing than me and my family will stay here till my 14th floor is ready or will provide alternate accommodation in same building. • After too many meets I got my flat no 1404 registered. • In 2014 he got 103 flat registered on his son in law (Mr. Srujal Jayantibhai Patel residing USA & his daughter Rakhi Bharat Joshi residing USA) he registerred this document thru power of attorney on name of his wife. • New builder came as joint venture with old builder tried to redevelop society some where in 2014-2015 and in 2016 old builder was removed and new builder entered into society as sole developer in 2016. • Society has re-entered Development agreement in 2016 and stated my flat index two page is there in there document. • We are leaving in 104 flat since 2012 (alternate accommodation given in lieu of my 14th floor flat) In 2014 he created loan on this flat and on 27/11/2017 Federal bank came to my premises and said he is defaulter (not paying bank installments) and you have to vacate flat in 30 days under sarferasi act. • Society has been removed from development rights • New builder in 2016 entered into agreement with society to build further. • We would be homeless and running after legal consultants and am confused where do I run and how do I save my family from this issue. • I am taking legal opinions and some suggested • Approach DRT as I am in possession since 2012 and bank loan is created on 2014. • Approach High court for Stay on this DRT order. • Approach consumer court to claim late possession and damages. • Approach RERA to get justice. • How do I approach RERA as new builder says its old builders obligation but in society Development Agreement registered in 2016 society and new builder has acknowledge my Index II • Approach criminal court to precede 420 and cheating case against old builder and claim damages. • Approach new builder to recognize me and my flat. • My Need to protect my family of 6 from being homeless • Who will provide me alternate possession ? • Who will give me late possession charges ? • Do I need to file police complain / NC / FIR ? • Will bank wait till my contract is over or given me 14th floor and than I will hand over possession to bank? • Old builder in nexus with new builder playing game with me ? • Again I have to shell out • Legal Charges ranging from X lakh – X lakh • Again for high court 3 lakh courfees + adv fees . • Sleepless nights for assuming that if I am homeless or might be system prey Please help and give opportunity to connect to person at your end and highlight this story of mine and want justice and not sympathy. I will produce all necessary documents on email or once you give opportunity to meet. • I have filed DRT cast to look upon this matter on 27/12/2017 & got dates still hearing pending • I have send Notices to OLD & New builders / Srujal Patel / rakhi patel / Nirmala Joshi on Jan 09/01/2018 but no reply….. Assist me What step by step I need to follow ….. RERA / Civil suit / Criminal / Consumer court…… Law abiding citizen Kokila Ajit Dalal , 70 years Viral Ajit Dalal , 44 years Dalalviral1973@gmail.com


Learning

 4 Replies

Hemant Chaudhary   04 February 2018

Hello sir, since your query needs a detailed discussion ,kindly contact me in person for better understanding ..Advocate Hemant chaudhary..PH;-9654062181 consultation fee 1000/-

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.

SHIRISH PAWAR, 7738990900 (Advocate)     07 February 2018

You had already initiated legal action. If you are not satisfy with your advocate change your advocate. 

Nitish Banka (lawyer)     22 April 2018

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-: 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   Download [484.68 KB] 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

Read more at: https://www.lawyersclubindia.com/forum/Rera-and-transfer-of-flat-in-society-under-redevelopment-151935.asp


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