Advocate Prashant Chandra

Questions Answered by Advocate Prashant Chandra

Q: execution of recovery certificate issued by UPRERA

UPRERA has issued recovery certificate and sent it to DM for recovery. The defaulting promoter says he had filed an appeal with rera tribunal which is pending and he has deposited 30% of recovery amount . Once recovery certificate is issued is there any meaning / validity of the appeal case. can promoter get stay on recovery certificate execution.How can we recovery our amount

Advocate Prashant Chandra answered
In order to recover the amount you need to get the appeal decided. In case of refund of entire deposited amount the Promoter needs to deposit the 100% of the amount and 30% would not suffice. Tribunal will only hear the appeal once the 100% amount is deposited. If the Promoter is not depositing the amount and unnecessarily keeping the appeal pending then you can press this in the appeal and the appeal will be dismissed. Kindly contact us for further details.

Q: Lucknow development authority allotted plots but denied registry even

I have been allotted a plot in Lucknow development authority project Basantkunj yojana in dec 2019. I deposited Rs.41lakh (full amount of property) in January 2020 to lda account. As per it's registration declaration LDA assured to give possession of plot within 3 years. Yesterday I have received a letter from LDA that due to encroachment issue registry of my plot could not be done. If LDA did not have possession on the said plot how did they allot it to public. Why are they not offering to refund my deposit amount or offer me another plot in the same planning? What legal recourse do I have. LDA is a govt organization and also the said project is registered under RERA

Advocate Prashant Chandra answered
As the project is registered under RERA therefore you can file a complaint before RERA either for refund. Your amount deposited with LDA will be refunded with MCLR+1% annual simple interest. Kindly contact us for further details.

Q: Can UPREAT accept PROMOTERS appeal WITHOUT 30% delay deposit

My promoter has appealed at RERA APPELLATE against RERA order for payment of delayed penalty.Among the documents submitted there is no receipt for deposit of 30% amount of delayed penalty amount. Can UPREAT accept this appeal and go ahead and issue notices to proceed

Advocate Prashant Chandra answered
The appeal will be defective unless the prerequisite of 100% amount is deposited with REAT. No 30% amount is now deposited. Appeal are accepted with 100℅ amount. Kindly contact us for further details.

Q: Rera RC issue and how much time to resolve and execute

What to do if UPRERA is not issuing the RC order and once we file a complaint how much time does it take?

Advocate Prashant Chandra answered
In case your RC is not getting executed by UPRERA then you first represent the District Authorities and thereafter can file a writ petition in the Hon. High Court for directions against the concerned DM for RC execution. Kindly Contact Us for further details

Q: Token amount in pre launch project refund issue

i booked one commercial shop in pre launch project in noida and given 2lac as token amount and as per our discussion with builder rest amount booking amount need to pay after RERA comes. Now builder got RERA and not informed me. Builder transferred my unit to another client and not returned my amount and forcing me to take another unit. Please suggest what to do to take my amount.

Advocate Prashant Chandra answered
Hi, If the project is registered with RERA then you can file a case against the builder before RERA for return of your amount with interest. Builder without having your permission cannot transfer your funds to another client. It amounts to cheating and you can also lodge a FIR against him and also move to consumer court. Kindly contact us for further details.