Can RERA complete the pending project in the interest of allottees?

Builder absconding with booking money of allottees. Can rera complete the pending project in the interest of allottees? Builder has not started work in 7 years after initial mobilisation. Can landowner and few allottees jointly complete the project as builder absconding with booking money of allottees.

by Shivendra Pratap Singh | Apr 26, 2022 | Property Cases

Can RERA complete the pending project in the interest of allottees? Builder absconding with booking money of allottees. Can rera complete the pending project in the interest of allottees? Builder has not started work in 7 years after initial mobilisation. Can landowner and few allottees jointly complete the project as builder absconding with booking money of allottees.

You should form an association of allottees and approach the RERA authority. Section 8 of the RERA Act empowers the authority to take over the pending project. 

The authority can approach and consult the government for construction of pending work and complete the project. But you have to file a complaint with the RERA authority. The time period fixed for the completion of the housing project must be expired on the date of filing of complaint.

As you said, the builder has absconded and is not traceable. In this situation no one will come forward to receive the notice. Hence, the proceeding before the RERA authority will proceed in the absence of the builder. 

In this situation the RERA may take over this project and approach the government to complete the project or permit the association of allottees to carry on the stalled project. 

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Tags: rera cases

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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