Delay in possession
4 years ago
I bought my flat in 2013 in Greater Noida from Ansal API. I was promised possession of the property within 3 and a half years. It's been a little over 6 years and we've neither received updates regarding developments, nor have we received a proper deadline. We want the interest on our flat refunded to us. Please suggest the best course of action or any other possible avenues I can take.
Harshit Kedawat
Responded 4 years ago
A.You can approach RERA and file the complaint before AO.
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A.Dear Sir,
You can get issue a legal notice and file complaint before consumer forum claiming, refund with interest and huge compensation for mental torture.
You can get issue a legal notice and file complaint before consumer forum claiming, refund with interest and huge compensation for mental torture.
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Shah Rukh Ahmad
Responded 4 years ago
A.Send a Demand Notice/Legal Notice to the Developer seeking refund of earnest money/booking amount along with any other deposits and interest. Once a Demand Notice/Legal Notice is served on them wait for their response. Depending upon their response you can then file a complaint with the RERA Authority at Greater Noida (Gamma 2 region). The complaint needs to be filed online through the UPRERA portal along with the documents to be relied upon. Once you file a complaint a summon will be sent to the Developer and the RERA Authority will fix a date for oral hearing of the matter and proceed with the case.
Alternatively if you wish to start Insolvency proceedings against the Developer then you can send a Demand Notice under the Insolvency and Bankruptcy Code of India and ask them to pay back your amounts. If you don't receive any reply/payments within 10 days then you may proceed to NCLT with an application for Insolvency against the Developer.
In the instant case since your developer is Ansal API, they are a major defaulter and various fines and penalties have been imposed already on them by UPRERA for flouting the norms and missing deadlines. So it is advisable that you proceed against them through RERA as the RERA authorities are well aware of the manner in which they have been conducting their affairs.
Alternatively if you wish to start Insolvency proceedings against the Developer then you can send a Demand Notice under the Insolvency and Bankruptcy Code of India and ask them to pay back your amounts. If you don't receive any reply/payments within 10 days then you may proceed to NCLT with an application for Insolvency against the Developer.
In the instant case since your developer is Ansal API, they are a major defaulter and various fines and penalties have been imposed already on them by UPRERA for flouting the norms and missing deadlines. So it is advisable that you proceed against them through RERA as the RERA authorities are well aware of the manner in which they have been conducting their affairs.
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Rameshwar Dadhe
Responded 4 years ago
A.you can file case in rera you will get relief immediately
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A.In my opinion at first serve a legal notice for possession of the flat or refund with interest if the matter is not solve then you can file consumer case for deficiency in service and claim compensation.
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