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Miqdad Ali   15 June 2023

Is it possible to raise additional complaints against the builder during the hearing?

I have requested the builder to suspend the registration process until all the clauses are clarified, but they have not taken any action to address these concerns. As a result, I have lodged a complaint with RERA Karnataka regarding certain ambiguities in the Sale Deed draft. The complaint was officially registered on March 31st, and RERA sent a notice to the builder on April 18th. According to the RERA Helpdesk, my complaint will be assigned to a bench within a week.

The complaint is filed under sections 12 (regarding the veracity of the advertisement) and 19 (rights and duties of allottees).

Now, I have a few questions regarding the hearing process:

  • How does the hearing process work? I am planning to represent myself.

  • I have made several errors in the Facts of Complaint. Can I make corrections and bring a printed copy to the hearing?

  • If I have additional points to address, can I introduce them during the hearing?

  • The builder is attempting to transfer the ownership to the association hastily. Can I request a delay or challenge the formation of the association as an interim order?

  • The builder has sent us a BESCOM bill to pay yesterday. Do I need to pay this, considering the sale deed registration has not been completed?

  • I have come to learn that it is prohibited for builders to sell car parking spaces. In light of this information, I would like to inquire about the possibility of requesting a refund for the car parking allocation that was included in our agreement. Additionally, I would like to clarify whether parking spaces located in the basement or stilt floor are considered "covered parking" as mentioned in the sale agreement. At the time of booking, I was not aware of this restriction, and the cost breakdown in the sale agreement includes charges for both parking and covered parking. Could you please provide clarification on these matters?

The points mentioned in my complaint are as follows:

  • The builder has failed to provide the amenities promised.

  • The builder is charging maintenance fees before the possession of the property.

  • The builder has not disclosed future water sources.

  • The builder is prohibiting third-party inspections, despite claiming that we have inspected the property.

  • The builder is charging additional costs that were not mentioned in the cost breakup at the time of signing the sale agreement.

  • The builder is imposing restrictions on the timing of our home's internal work.

  • The builder asserts that their employees can inspect our home without prior notice.

Please help me understand the hearing process and address my questions accordingly.



Learning

 5 Replies

Dr. J C Vashista (Advocate )     15 June 2023

It would be appropriate to seek professional service of a local prudent lawyer.

Advocate Bhartesh goyal (advocate)     15 June 2023

Yes, without going through sale agreement  and complaint to RERA,not possible to advice properly so better consult to local lawyer for proper advice.

Miqdad Ali   15 June 2023

Sale Agreement is already registered. Sale Deed registration is pending

T. Kalaiselvan, Advocate (Advocate)     15 June 2023

You may discuss with a prudent and skilled advocate in the local.

Produce all the relevant documents before him, discuss the issues of concern at length, proceed as suggested.

The lengthy narration of your issues can be addressed only on perusing the relevant papers.

Dr. J C Vashista (Advocate )     16 June 2023

It is appropriate to contact, consult and engage a local prudent lawyer for proper analysing facts, professional advise and necessary proceeding


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