Builder is asking EB name transfer caution deposit of 90000 Builder is asking EB name transfer caution deposit of 90000

2 months ago

Builder is asking EB name transfer caution deposit of 90000/- from me where I already paid agreed amount as per sale agreement but still not handover the property. As per construction agreement the handover date is Mar-2023 with 6months extra grace period and where 5 more months RERA given extension so as per that this is final month to handover but till now no updates from builder.

Anik

Responded 2 months ago

View All Answers
A.Dear Client,

Section 31 of the Real Estate (Regulation and Development) Act, 2016 (RERA) empowers any aggrieved individual to file a complaint with the Authority or the adjudicating officer for violations of the provisions outlined in the Act or its related rules and regulations by a promoter or builder. In response to deficiencies in service and unfair trade practices, you have the option to file a complaint against the Builder under Section 35 of the Consumer Compensation Act, 2019. This involves serving a legal notice, claiming compensation for harassment, litigation costs, and/or initiating a civil suit for specific performance against the Builder or Developer before a Civil Court to seek appropriate relief. It is crucial to file the complaint within two years from the date of the cause of action.

Notably, simultaneous filing of a complaint or claim before both the Consumer Court and RERA for the same cause of action is not permissible. Seeking guidance and steps in this matter can be obtained by reaching out to an experienced Advocate proficient in handling both Consumer and RERA cases.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

View All Answers
A.Dear Client,
Section 31 of the RERA Act or Real Estate (Regulation and Development) Act, 2016 allows any aggrieved person to file a complaint with the Authority or the adjudicating officer for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder against any promoter or builder. You can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 serving a legal notice claiming compensation for harassment and cost of litigation and/or file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. The complaint should be filed before the Consumer Court within two years from the date of the cause of action. It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time. Reach out to an experienced Advocate handling Consumer cases and RERA cases for guidance and steps.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconComplaint on Apartment Maintenance issue
Dear Client, Per sq, ft method is extensively used for the calculation of the maintenance charges for the societies/RWA across the country. This system of calculation is used when the sizes of apartm...
question iconQuestion on Buying 10 years old flat with registration on hold
Dear Client , you can not rent / lease or sell your property until you have received complete possession of the property. you have to complete registration process for the same before getting into re...
question iconREGISTRATION OF Apartment owners association under companies act
Dear sir, It is ordinarily registered under specific act which might have been enacted by your state government otherwise consult the sub registrar office.
question iconI am being asked to pay more than my neighbour for Open Car Parking
Dear Client, Firstly, document all your interactions with the builder, including dates, times, and any communication (emails, letters, etc.). This documentation will be crucial if you need to escala...
question iconExtra amount for completion of project
Dear Client, Please consult an accountant for the how to include new additional income and if the can be given the rights of a builder. additionally with the consent of the new person they can be a...