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Builder not giving refund or flat


18-Jun-2023 (In NCLT Law)
Hi, I bought two flats in Omaxe Bahadurgarh project in 2013 in resale. One flat we have Builder buyer agreement executed and for another one no Builder Buyer agreement is executed. Even after payment close to 90 percent, builder is delaying flat construction. I have requested builder to refund my money but builder is refusing. Can i approach both State consumer forum and NCLT at the same time ? As per my limited knowledge RERA in Haryana is body with limited powers and Builders dont care RERA cases. Will NCLT be the best ?
Answers (3)

Answer #1
669 votes
Nclt will be the best and speedy legal remedy in such kind of cases. You can also approach the consumer forum if you would like however they generally take time to decide such cases. Since NCLT Has started dealing with home buyers recently, I would suggest you to approach NCLT
Answer #2
709 votes
Yes you can approach both State commission and NCLT at the same time. Although once your Insolvency petition is admitted, the case in state commission will be stayed.

Are you in touch with the builder? I would advice you to first send a legal notice then proceed with NCLT, State commission as well as police complaint.

Feel free to contact

Regards,
Madhav Nanda
Advocate
Answer #3
816 votes
You should only approach RERA! Rera will pass order of refund with interest and compensation within 90 days. Rera has been passing order within this specified time. Going to NCLT or Consumer forum will delay your justice.

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