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Can subvention buyers move to NCDRC in case of delay in possession
03-May-2023 (In Consumer Court Law)
please clarify whether people who purchase property under subvention scheme ie. PRE EMI paid by builder either for first 02 years/possession can be classified under consumers to move NCDRC in case of dispute for delay in possession or refund due to delay in possession?
your case will be maintainable in the consumer court, even if you buy a property under a subvention scheme it will not effect your right as a consumer, you should take a consult with your advocate and further discuss your legal options.
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Yes, the purchasers of property under subvention scheme will fall under the definition of consumer under the Consumer Protection Act and you can definitely proceed to NCDRC for filing a complaint in case of delayed possession of the property. However it is advisable to first cancel the agreement between you and the seller and ask for refund of the total amount along with interest. If the same is denied then you can move a complaint before the Consumer Forum. However a more feasible option would be to move to the RERA Authority which is a specialized body established to deal with such cases.
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Adv. Tanmay Sadh
Allahabad | 25+ Answers
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Hello. A subvention buyer also falls under the category of consumer, hence subvention buyer can move to the Hon'ble NCDRC for the redressal of his grievances. To know the procedure and line of action, contact with the details of the case.
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Adv. Yogesh Kumar Sant
Varanasi / Banaras | 25+ Answers
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