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Flat booked under subvention scheme but no work going on by builder
20-Feb-2023 (In Consumer Court Law)
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.
Since the builder has given possession date June 19 so you can not raise question but under rera you can ask progress report. If you want your money back you will have to approach consumer forum. However it all depends on the agreement signed by you.
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Adv. Vijay Kumar Teotia
Meerut | 200+ Answers
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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
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Adv. Yashashvi Virendra
Noida | 25+ Answers
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First of all write a letter cum notice to builder for not paying the Pre EMI and also the work status of subjected site.
Secondly check the allotment letter/Agreement if it has any clause about the step by step work completion for each year.
Also check if any clause on deduction on refund application.
Secondly check the allotment letter/Agreement if it has any clause about the step by step work completion for each year.
Also check if any clause on deduction on refund application.
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Adv. Hemant Kumar Goel
Greater Noida | 25+ Answers
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Hello in this type of case penalty can only be imposed by RERA under its penalty clause only if the builder will delay the possession after the date which has been given to you in the builder buyer agreement. Rest, we have different agencies lined up for these types of cases. We can file a case in consumer court apart from filing a criminal case for cheating and of 406IPC for getting back the invested money as only because of the criminal case they will turn up to the court. Rest, you can contact the law Rato team for my contact details.
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Adv. Padam Lal Sharma
Ghaziabad | 25+ Answers
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You can file complaint with RERA. Alternatively you may approach Consumer Commission/Form undetr consumer protection act with consumer complaint for refund with interest and compensation. The consumer protection act remedy is in addition to the other remedy available.
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Adv. Arjun Krishna
Lucknow | 25+ Answers
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