A K Rai A K Rai

4 years ago

I booked a flat in UP under one time payment plan of builder, and a MOU was signed between us in the January 2015 after payment of approximately Rs 16 Lakh.After then the builder did nothing for many years and lastly after many meetings he applied the project plan to concerned development authority in January 2019 only and subsequently got sanctioned and registered the project in Rera in February 2019. Now the problem is he has taken money from nearly 100 people and he applied for a single tower consisting of only 36 flats. After a lot of hue and cry he made a registered agreement of 36 people in August 2019, I was also the lucky one among 36, but the problem is after agreement he has not started any work at the land site. We beared all the pain during this 4 years just for the hope of the house and not insisted for money refund.In the meantime a news surfaced in the newspaper that there is a lot of complaints against this builder although for different project in different state and Rera passed an order against the same builder to deposit the a large amount to refund the buyers. Now I am in delima what to do, since we have waited much so our priority is flat and in the worst scenario to get back our money with significant interest. In this condition, suggest us on the following points:-
1. Can we force the builder to start the construction work through complaint.
2. If so where should we complain RERA or NCTL.
3. Complaint by individual or though forming an association of owners.
4. the association should be registered or just voluntary.
5. And lastly what should be main thrust of the complaint.
6. What remedy for those whose agreement not done only having MOU.

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
You have multiple options and the effective options is to issue a legal notice and to approach RERA or consumer forum as the case may be.
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Rameshwar Dadhe

Responded 4 years ago

A.File complaint against them immediately before RERA authority
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Shreyash Mohta

Responded 4 years ago

A.If you have valid documents and other evidences. You can move the Consumer Forum and seek a relief of reimbursement of money along with interest and ask for specific relief. I.e. giving you a flat.
You being the aggrieved consumer can move the forum.
In your case it will be better if all of you jointly file a petition.
There is another way which is by way of a Public Interest Litigation under article 226 of your state's High Court.
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