rera cases

Can builder ask court to allow him to refund the buyer in installments. The litigation expenses and agony expenses. If yes, what counter arguments can be told to the judge to force him to pay me in lumpsum. Possibility is that the builder will default in installments after a while then what to do. It is a consumer case. What does RERA say about modus operandi of refund process by builder.  Are there any previous judgements on this process.

Is it a mandatory requirement that Association formed by Allotees needs to be registered under any law to be able to file a complaint in RERA? Or The Association of Allotees can file complaint without the need to get registered in any law.

Sir, we have purchased a property under mortgage. The seller and his son litigated the property without knowing the bank. The bank sanctioned with additional loan and sold the property. But seller’s son and daughter encroached part of property by filing civil suit by referring pending civil suit. Now 14 month passed unable to regain my property. I don’t know whether RERA is applicable in this case. Please advise how to regain property through RERA?

Cooperative Housing society is on 98 years leased land. Property is going for redevelopment. Can conveyance deed be done with the developer.?  Builder is going to give freehold ownership flats to tenants. Builder is asking us, who are the landowners, to do a conveyance deed with the society.  This we do not want to do as society has no money.  Can conveyance deed be done with the developer rather than the society ? 

Can we file a case against the builder if his address is not available for RERA filing? Builder address given during registration not active. How to file a complaint to RERA if the builder address is not found to send a summon. He has left that office but the website is reflecting the same address. Many allottees are ready to file a case against him but no one is present at his registered address. 

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.

Builder and landlord dispute so can I take my money from the builder. Flats booked in 2009 ( not registered only have allotment letter full and final payment made by cheque) but the builder is still buying time.  The plot is still under dispute between the tenants, the landlord and the builder. No demolition done tenants are still living there , I’m a user not an investor staying on rental since 2009. Where my case stands in court of law, what are my options? Can I approach under consumer protection 2019 or this case can be sorted out in Maharera because it is 12 years now since the booking can’t wait any longer.

The Builder took too much time to complete this project. He does not want to return my money. In this situation what is the option available to me against the Builder for taking money. I am very sure that the Builder will not return my money. Can I initiate any legal proceeding against the Builder for refund of money either with interest or without interest?

The Builder is not present at his place of residence therefore the summon has not been served upon him. How to file a complaint against a builder who is missing from his address? A complaint petition was lodged to RERA, ASSAM against Promoter vide Case No.RERA/ASSAM/COM/ in the month of Feb/2021 who ought to have completed construction of my building on 03-09-2016 as per MOU. 

After 6 month when I inquired about the matter in RERA, Assam regarding my complaint, I was informed as they could not locate the concerned Promoter (Promoter had in the meantime changed his address). The matter is pending and could not take any action until they got the proper address. Why has RERA not exercised their good office to locate the concerned promoter?

I have paid 10% of the basic amount to the builder for the under construction property which comes under Rera. The builder has issued me the allotment letter and receipts of 10% paid amount. Also we have submitted the signed BBA from our side to the builder but the builder is not able to register the same due to hold in registration by nagar nigam authorities. Can builders charge interest on default of payment when there is no agreement to sell? The developer has already issued the demand letter and expiry date to pay the rest of 40% payment. Also I have received the bank approval on the loan which i have submitted to the builder in advance. Question Kindly let us know whether a builder is eligible to charge interest or cancellation without registering the builder buyer agreement.

Builder cheated by making a false promise of giving possession in November 2022. However, possession is expected in 2025. I have booked an apartment in Chennai. During my site visit, I was welcomed by a salesperson who explained to me details about the project and showed me a timeline saying that the property will be handed over to me at 2022 November. I also have an email from the same timeline. Hence i paid the advance amount of 1 lakh and later paid a booking charge of 6.25l.

Now, as per their payment pattern, they want me to pay 50 percent of the flat rate for the agreement stage. And they were stressing me to pay out the 50 percent which is 37 lakhs within a month of my booking or else i will have to pay a penalty. As i have planned to buy this house on a home loan and due to the current pandemic situation, it’s taking time.

They were not willing to give me time and asked to pay my part of the amount which is rs. 13 lakh in a week. I even paid 3 lakhs. As i got stressed out, i started exploring the project details in rera where i found that the given time for completion of the project is 2025 august which is 3 years from the planned timeline which they have provided to me.

When I asked about the same, the answer was, it’s like that in RERA but we will complete it by 2020 November. Now, they have drafted an agreement and as my loan is about to be sanctioned. I thought of signing the agreement and when i checked the same, even in the agreement the time mentioned is august 2025.

Now I don’t want to get into this project anymore. I have not signed the agreement yet.  I just want to know whether i would get my refund of the amount (10.25L) that i have paid if i back out now because of their false promise.

Our housing society has embezzled the corpus fund of five crore. When the officer bearers of the newly elected RWA searched the books of account the embezzlement was revealed. Now, the former officer bearers are refusing to give any information about the corpus fund. They have misappropriated it for their own benefits and now showing reluctance to give details. What should society do in this circumstance?