RERA wrongly filed, how to rectify
1 year ago
I have filed in RERA for refund as builder didn't constructed the flat. While filing in RERA, lawyer had just put the principal amount and didn't mention the LOAN Amount or LOAN in the filing. After order was passed builder was asked to return the principal amount to allottee with interest. Rectification was then filed to include the loan amount but was rejected as minor corrections are possible U/s 39. Order was then executed and R.C. issued. Now appeal is filed in REAT, What should be the relief sought.
A.Hello sir,
As per law laid down by the Supreme Court and the National Consumer Dispute Resolution Commission (NCDRC), you are under no obligation to accept possession of the flat beyond the stipulated time period and can ask for full refund alongwith interest and compensation. This is settled law and Rera cannot compel you to take possession. You can refer to the following cases in your support:-
1. Emaar MGF Ltd v. Dilshad Gill (2015) CPJ 329 (NC) by the National Consumer Commission
2. Emaar MGF Land Ltd v. Dr. Manuj Chhabra, FA No. 1028 of 2015 decided on 19-04-2016 by the National Consumer Commission
Also you can withdraw your complaint by making the said request - "Withdraw with liberty to file afresh before appropriate forum". Once you have withdrawn the case, you can file a fresh consumer complaint before the State Commission or the National Commission, depending upon the value of your property, for refund alongwith interest and compensation.
As per law laid down by the Supreme Court and the National Consumer Dispute Resolution Commission (NCDRC), you are under no obligation to accept possession of the flat beyond the stipulated time period and can ask for full refund alongwith interest and compensation. This is settled law and Rera cannot compel you to take possession. You can refer to the following cases in your support:-
1. Emaar MGF Ltd v. Dilshad Gill (2015) CPJ 329 (NC) by the National Consumer Commission
2. Emaar MGF Land Ltd v. Dr. Manuj Chhabra, FA No. 1028 of 2015 decided on 19-04-2016 by the National Consumer Commission
Also you can withdraw your complaint by making the said request - "Withdraw with liberty to file afresh before appropriate forum". Once you have withdrawn the case, you can file a fresh consumer complaint before the State Commission or the National Commission, depending upon the value of your property, for refund alongwith interest and compensation.
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A.Dear Sir,
You can amend the main petition and claim by adding left out amounts. Amendment application may be filed under Order 6 Rule 17 of Civil Procedure Code.
You can amend the main petition and claim by adding left out amounts. Amendment application may be filed under Order 6 Rule 17 of Civil Procedure Code.
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