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Case transfered to collector for delayed possession
04-Nov-2023 (In Property Law)
Mine is a case of delayed possession. I purchased the flat in an under construction project in 2011 the possession date was Dec 2015.i filed a case in rera and the builder agreed to pay back my money with interest. And we filed a consent as well. But after the case was dismissed the builder did not pay. Now the rera judge has transferred the case to the collector. I have submitted the document to the collector. The collector informed me to come after 5-6months. I just want to know what are the chances of me getting back my money? I have paid about 41.5lakhs to the builder as per the consent term the builder is supposed to pay me 61lakhs.
Your money recovery case can be transferred for impounding or attachments of Builders property.Therfore track your case with Collector otherwise file contempt petition in appropriate court for not obeying consent terms.
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Adv. Sandeep Shamrao Pingale
Mumbai | 400+ Answers
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This is my response to you:
1. If the builder did not pay then contempt proceedings i.e. an application for enforcement of Order under section 40 of RERA . The same should have been taken out before RERA;
2. Why will it take 5-6 months in the office of the collector? how does the collector have jurisdiction?
3. The RERA authority should have reheard the matter because the builder violated the Order;
4. Or go in appeal in RERA;
5. You can also file a police complaint, an FIR against the builder because as per High Court, cheating by builder is a criminal offence;
6. Consult a local lawyer and take steps.
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Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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