Advocate Yashashvi Virendra

Questions Answered by Advocate Yashashvi Virendra

Q: Flat booked under subvention scheme but no work going on by builder

Hi this is related to a flat I booked in Noida extension under subvention scheme .It has been 3 years and still hardly any work going on .Also the builder has stopped paying Pre EMI now and Bank has started cutting EMI from the Account. I don't want my EMI to start and looking for refund of the amount with penalty and compensation as the invested money is blocked and also the construction is not going at all.Minimum of 500 labor is needed to complete the project on time but only 10-15 labor can be seen those are also only to showcase only. Please suggest best solution for the situation what all tools like Rera and other can be used ,Should I go for the court ?The project is registered under Rera and Builder has given June -2019 tentative date in Rera but currently the construction is stopped . Can some penalty be imposed on builder through rera or other legal means?Can I get the refund of my hard earned invested money.

Advocate Yashashvi Virendra answered
This is a very unfortunate practice which is followed by the builders these days. You have two options , you can approach RERA authority as well has Consumer forums depending upon the jurisdiction of your flat. And as a interim relief you may claim payment of EMIs till the final construction is done

Q: Location to send legal notice

The Property is situated in Noida, however the legal agreement for allotment was signed in Delhi address of the Builder. It is their registered office in Delhi.

Advocate Yashashvi Virendra answered
If you wish to initiate any legal proceeding, then it shall be initiated at Delhi as the part of agreement was executed at Delhi and the builder has their registered office at Delhi. Legal Action in a consumer case can be initiated at a place where the defendant reside or carry out his business(means have registered office) or cause of action has occurred. So you may initiate an action against a builder in Delhi

Q: Possession not given by Varanasi development authority

Dear All I have bought a free hold plotl in Varanasi City through Auction process from Varanasi Devlopment Authority (UP Government Devlopment Authority). Varanasi Devlopment Authority has done registry on my name in Oct 2010, When I have started construction the Varanasi Devlopment Authority officials oraly communicate to stop construction on the plot. After that from last six to seven years I am regularly visiting the Varanasi Devlopment Office for giving us physical possession of plot.,They are always hiding the fact that land is in legal dispute with other party.When we are started asking through Online complaint portal then VDA confirm that land is in legal dispute with other party. Now I want to know that what kind of option I am having in legal case that is going on land, and apart of this what kind of right I have as a customer for not giving the possession of property by Varanasi Devlopment Authority in last so many years. Regards

Advocate Yashashvi Virendra answered
You have remedy under consumer laws as well as you may file a suit either for specific performance or for refund of amount as the agreement was done by way of concealment. However being a consumer you will get a more speed hearing and better chances of getting a relief in consumer forum. You may ask for refund of all the paid amount, interest thereon, along with other compensations.Beside consumer courts are complainant friendly and have much easy procedure for a layman. You may approach district consumer forum or state commission or even national commission depending upon the value of your property.