Registration of flat
1 month ago
Hi,
Sir I bought a flat from a builder and he have given me the possession and taken 2/3rd payment at the time of handing over the possession but now he is torturing me and not registering it on my name he is giving me dates from 2023 August. The truth is he has some pending loan on the flat and he can't register it on my name before paying off the loan. My point is that I am will transfer the balance on the date of registration. Can I take any legal action against the builder? Kindly help me out.
A.Dear Client,
If you encounter deviation or deficiency in service in a housing project approved by RERA (Real Estate Regulatory Authority), and the Builder/Developer does not address the issue despite your efforts, you have several legal options:
1. Complaint under RERA (Sec. 31 of RERA, 2016):
- Serve a legal notice to the Builder/Developer detailing the deficiency in service.
- If the matter remains unresolved, file a complaint under Section 31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer.
- Claim compensation for the deficiency in service, such as the continuous failure to register the flat in your favor.
2. Consumer Court Complaint (Sec. 35 of Consumer Compensation Act, 2019):
- Serve a legal notice to the Builder/Developer, demanding immediate registration of the flat in your favor along with compensation for harassment and litigation costs.
- If the issue persists, file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Section 35 of the Consumer Compensation Act, 2019.
3. Civil Suit for Specific Performance:
- Alternatively, file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief.
It's crucial to note the following:
- File the complaint before the Consumer Court within two years from the date of the cause of action (i.e., the date when the Builder failed to keep their commitment as per the terms of the Agreement).
- You cannot simultaneously raise your complaint or claim before both the Consumer Court and RERA for the same cause of action.
Before proceeding, it is advisable to seek legal advice to determine the best course of action based on the specifics of your case and the applicable laws.
If you encounter deviation or deficiency in service in a housing project approved by RERA (Real Estate Regulatory Authority), and the Builder/Developer does not address the issue despite your efforts, you have several legal options:
1. Complaint under RERA (Sec. 31 of RERA, 2016):
- Serve a legal notice to the Builder/Developer detailing the deficiency in service.
- If the matter remains unresolved, file a complaint under Section 31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer.
- Claim compensation for the deficiency in service, such as the continuous failure to register the flat in your favor.
2. Consumer Court Complaint (Sec. 35 of Consumer Compensation Act, 2019):
- Serve a legal notice to the Builder/Developer, demanding immediate registration of the flat in your favor along with compensation for harassment and litigation costs.
- If the issue persists, file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Section 35 of the Consumer Compensation Act, 2019.
3. Civil Suit for Specific Performance:
- Alternatively, file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief.
It's crucial to note the following:
- File the complaint before the Consumer Court within two years from the date of the cause of action (i.e., the date when the Builder failed to keep their commitment as per the terms of the Agreement).
- You cannot simultaneously raise your complaint or claim before both the Consumer Court and RERA for the same cause of action.
Before proceeding, it is advisable to seek legal advice to determine the best course of action based on the specifics of your case and the applicable laws.
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A.Dear Sir,
To protect your possession you may file a suit for permanent injunction. If you want to bring pressure on the builder then file a suit for specific performance and deposit the balance amount in the Court.
To protect your possession you may file a suit for permanent injunction. If you want to bring pressure on the builder then file a suit for specific performance and deposit the balance amount in the Court.
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A.Dear Client,
In the given situation, if the housing project is approved by RERA, for any deviation or deficiency in service on receipt of the cost of service on the part of the Builder/Developer, he shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developer despite your tireless efforts, then serving a legal notice, file a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency in service i.e, continuous failure to register the flat in your favour. Or else 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 immediate registration of the flat in your favour along with 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, i.e, from the date the Builder failed to keep their commitment as per terms of the Agreement. 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.
In the given situation, if the housing project is approved by RERA, for any deviation or deficiency in service on receipt of the cost of service on the part of the Builder/Developer, he shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developer despite your tireless efforts, then serving a legal notice, file a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency in service i.e, continuous failure to register the flat in your favour. Or else 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 immediate registration of the flat in your favour along with 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, i.e, from the date the Builder failed to keep their commitment as per terms of the Agreement. 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.
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