Filing a RERA case if builder not ready to refund the amount
31-Dec-2023 (In Property Law)
I had invested in a property in Mumbai around 4 years back in its launch phase. The project never started and the builder is delaying the refunds by making false promises. I have the receipts of the payment made but do not have the allotment letter and agreement to sale. I have email communication where there have been promises to refund the money. Can I file a case against the builder in RERA court?
Dear Client,
If the said developer has registered his project under RERA, you can verywell file case against him before RERA adjudicating authority. If the said project is not registered with RERA you can sent complaint letter to RERA against the said developer for non registration of project.
The Maharashtra Real Estate Regulation Act chairman Gautam Chatterjee has started imposing penalty on developers seeking registration of projects after the July 31 deadline.
For projects that applied for registration after the deadline, MahaRERA has already slapped a fine of Rs 50,000 for the first two days of August. From August 3 until August 16, the regulator would fine Rs 1 lakh or the registration fee, whichever is higher.
Further you alternatively have option of filing case before Consumer Court. It would be suggested to initiate the work, by sending legal notice to Developer and written Complaint to RERA.
Regards,
Expert Jurist LLP
If the said developer has registered his project under RERA, you can verywell file case against him before RERA adjudicating authority. If the said project is not registered with RERA you can sent complaint letter to RERA against the said developer for non registration of project.
The Maharashtra Real Estate Regulation Act chairman Gautam Chatterjee has started imposing penalty on developers seeking registration of projects after the July 31 deadline.
For projects that applied for registration after the deadline, MahaRERA has already slapped a fine of Rs 50,000 for the first two days of August. From August 3 until August 16, the regulator would fine Rs 1 lakh or the registration fee, whichever is higher.
Further you alternatively have option of filing case before Consumer Court. It would be suggested to initiate the work, by sending legal notice to Developer and written Complaint to RERA.
Regards,
Expert Jurist LLP
How do you fight against a builder?
You can file a complaint at the Consumer Court, containing all the details you need, including the name of the builder and yourself, the agreement between the buyer and builder, the proof of payment and your specific grievance.
What is the law against builders in India?
A buyer may also file a complaint under the Consumer Protection Act of 1986 against the builder in the event that possession is delayed. Under the Indian Contract Act of 1872, a buyer may also bring a suit in a court with jurisdiction to seek damages or specific performance.
Where can I complain about builders in India?
If the builder fails to respond to your notification, you can file a complaint with the consumer court. ICRPC can help you send notices and file complaints against the builder at the consumer court. Before filing a consumer complaint online against a builder, download the procedure to read.
How do I write a complaint letter to the builder?
Write a clear, easy-to-understand description of the problems in your letter to builder. The builder will be able to rectify any issues or discuss the reasons why they cannot.
hello client, i will suggest you that you can go for RERA against the Builder for your case. take all the proof with you and don't be late to file the case. for further need you can contact me on my number.
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