Refusing to refund my money
2 years ago
Hi, A.P RERA objecting me to approach them as my case is already pending before District consumer forum. Due to delay in forum I want to approach RERA. How should I proceed !!
vidhikarya Case ID : VK2021040572550
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.RERA itself objecting you to file case with them then think how they will give you relief ?
better take consumer case to logical end.
but if you still like RERA then approach lawyer who can file it for you .
better take consumer case to logical end.
but if you still like RERA then approach lawyer who can file it for you .
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A.Hi,
It is a well-settled law that home buyers have a specific platform to raise their grievances in form of Rera but since such issues also involve services that are recognized under Consumer Protection Act the aggrieved can approach Consumer forums as well. The SC has specified that homebuyers can approach both forums for resolving their issue and are not barred in any manner. (M/s Imperia Structure Ltd v Anil Patani and another). Through a legal notice, you can demand initiation of proceedings in RERA as well.
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It is a well-settled law that home buyers have a specific platform to raise their grievances in form of Rera but since such issues also involve services that are recognized under Consumer Protection Act the aggrieved can approach Consumer forums as well. The SC has specified that homebuyers can approach both forums for resolving their issue and are not barred in any manner. (M/s Imperia Structure Ltd v Anil Patani and another). Through a legal notice, you can demand initiation of proceedings in RERA as well.
If you find this answer helpful please rate my answer. Thank you.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
In India homebuyers can approach RERA to resolve their grievances. However, since the services offered to home buyers also come under 'services' they can approach Consumer forums also. The SC has recently specified that homebuyers can approach both forums for resolving their issue and are not barred in any manner in the case of M/s Imperia Structure Ltd v Anil Patani and another. Thus you can send a legal notice to initiate proceedings in RERA as well.
If you find this answer helpful please rate my answer. Thank you.
In India homebuyers can approach RERA to resolve their grievances. However, since the services offered to home buyers also come under 'services' they can approach Consumer forums also. The SC has recently specified that homebuyers can approach both forums for resolving their issue and are not barred in any manner in the case of M/s Imperia Structure Ltd v Anil Patani and another. Thus you can send a legal notice to initiate proceedings in RERA as well.
If you find this answer helpful please rate my answer. Thank you.
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Tanmoy Chattopadhyay
Responded 2 years ago
A.if you send me the copy of the petition before the forum and also what relief are you asking from RERA i can guide you more specifically. but kindly be informed if the relief sought is same then once the matter is taken up with a authority competent to grant you relief you are precluded from seeking the same relief from another authority of lower stature. The reason is suppose the lower authority grant you such relief and the upper forum finds that you are not eligible for the relief then the order of the higher forum gets infructuous which is not desirable. Hence the only remedy is to approach the concerned state forum for an order for expeditious hearing on the matter.
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A.Dear Sir,
A delay condonation application may be filed and get orders from RERA.
A delay condonation application may be filed and get orders from RERA.
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