RERA or Consumer Forum where to file the case
2 years ago
Builder started project in 2009, gave possession in 2015 but till date no OC. Project is not RERA registered (Applied for but did not submit documents). DTCP license gets renewed easily - no penalty for delays. In the meantime all residents are captive to the Builder Flat-Buyer & Maintenance agreement where builder decides the service (pathetic) and payment (exorbitant).
Have already tried out DCDRF, Builder always appeals and stays. Would like to try out Haryana RERA - if they can penalize/push builder for delayed OC; and/or allow us to hire another agency while builder returns maintenance security deposits but retains license obligations like EWS, Solar, Water harvesting, STP etc.
First exhaust the remedy in RERA and if for any reason you cannot get relief then approach Consumer forum. To approach RERA there are some conditions to be satisfied like putting the proposed property on the RERA website etc.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
If you are looking for a rapid settlement in this case then maybe you should continue with District Consumer Disputes Redressal Forum procedure and not approach many tribunals. Since this will result in unnecessary delay.
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Please stick to District Consumer Disputes Redressal Forum since the chances of your case getting admitted to any other tribunal can be thin, moreover it will increase your burden.
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Starting a fresh case in any forum means going back to square one.
Secondly your case might not be entertained by the RERA court unless you withdraw the cases in Consumer forum.
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