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I am in Consumer Court against a Builder. Can I simultaneously approach RERA for non completion of Project.

A. U should approach to the rera authority for immediate assistance

I buy flat 460sq.ft. But at the time of ragistation billder take my sign. In the aggriment paper and in that paper the area of my flat convert to sq.ft to sq.mt. now the paper show the flat area 21.66 sq.mt. i ask about that but the billder said that the ok area of your flat i fiil that there was big misstaake can you pl,help my about as per the rera projet flat ragading issu about sq.ft and sq mt pl, help

A. Hello !! Immediately send them a legal notice, if they fail to comply with the same, then approach the RERA authority. Thanks

Can builder charge input tax credit loss and GST from customers? I am purchasing property where builder is charging input tax credit loss and GST is this legal?

A. Dear Sir, You may please consult chartered accountant.

what is the validity of a claim after the petitioner has found a property document lost by a party and falsely claim an oral mortgage of an amount by the party to the petitioner by creating a fabricated story? what are the chances of petitioner winning the case?

A. Sir such evidences are circumstantial. However, False evidences if shown need to proved as true until and unless proved otherwise. Such evidences will not be accepted by the court and the advocate has to prove that such evidence is false. Thanks Shreyash Mohta

On April,2013 my agreement was done and I got possession on Feb,2016.As per MOM with builder I will be entitled to get compensation Rs 12000 as a rent from builder if they delayed the possession date which was mentioned on agreement(30 month from the agreement).Later on builder changed their statement and said the compensation amount will be adjusted with maintenance amount which was supposed to paid by me(Rs 44,100) to builder and they also mentioned only those buyers will be eligible who got delayed possession as per agreement(After 30 months). Two years back I got maintenance amount due reminder mail (After adjusting delayed compensation Rs 36000= Rs 12000X3) from builder side which was Rs 8160.I immediately paid that amount .In between many times they put notice board mentioning maintenance amount defaulters names they never mentioned my name, as per their record I paid all the pending maintenance amount. Recently they stopped my housekeeping services(Picking up garbage) without any notification or communication and asking for the Rs 36000 more by saying they didn’t calculate grace period previously now they are calculating grace period and asking full maintenance amount .Point to be mentioned here they never mentioned 6 month grace period in the agreement only mentioned "The promoter shall be entitled to reasonable extension of time giving delivery of flat on the aforesaid date, if the completion of the building is delayed on account of . 1. Non-availability of steel,cement,other building material, water or electricity supply.2. War, Civil commotion or act of God . My Quarries are: 1. Is there any law where by default builder can get “ 6 month “grace period after completing the 30 month deadline? 2. Can builder stop housekeeping service without any notice or intimation? 3. What action can be taken from my side against builder? Although builder hasn’t sent any communication regarding pending amount. 4. Can I sent a legal notice to builder? 5. What is the procedure and cost to sent a legal notice? Builder details: Builder name: Khemchand Bhojwani(Pyramid Developers) Project name: The Nook,Pune RERA NO: P52100004015 Sir It would be really great help for me if you guide me on the same. Thanks and Regards Laltu Dey

A. Yes sir, you can send a legal notice to the builder for the same. Also, You can file a civil suit OR else also go to the consumer forum for the same. They cannot stop the basic services. Thanks Shreyash Mohta

We have entered a joint venture agreement with developer in which apart from joint venture agreement where there is 50-50 ratio sharing of total F.A.R, he has given rs.4 lakh as per agreement which is refundable , there is also a profit sharing agreement in which he is supposed to share 33% of profit. He has given another rs.3 lakh and also he has given rs.5 lakh to my elder brother but he is reluctant to give single penny to me and my mother and my elder sister. He also deliberately concealed the profit sharing agreement and didnt part with us.The developer defaulted in completing the project within 2 years as per agreement , now it is more than 3 years yet he has not completed the project . The extra money rs.3 lakh and rs.5 lakh he has given to elder brother he has given had not taken any no objection from all the owners as per agreement. Is he bound produce the profit sharing agreement as there is no other agreement to return his money it is implied that he is obliged to give from the profit sharing. Can he claim the money he has given. Can we claim interest as per rera act(if is drafted in west bengal but not yet passed) We have claimed the share of profit but he denied. Can he show less profit? Can we force the normal profit according area and location and cost of such project ?We have launched complaint online in district consumer dispute redressal commission, claiming the profit with interest,he has probably not replied and they have asked both of us to attend their office. What will happen if he will not attend on the stipulated date? What should be our step after that?

A. Dear Sir, It is a case to be tried and nature of civil so it is better for you to approach a Civil Court instead of RERA. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

We have entered a joint venture agreement with developer in which apart from joint venture agreement where there is 50-50 ratio sharing of total F.A.R, he has given rs.4 lakh as per agreement which is refundable , there is also a profit sharing agreement in which he is supposed to share 33% of profit. He has given another rs.3 lakh and also he has given rs.5 lakh to my elder brother but he is reluctant to give single penny to me and my mother and my elder sister. He also deliberately concealed the profit sharing agreement and didnt part with us.The developer defaulted in completing the project within 2 years as per agreement , now it is more than 3 years yet he has not completed the project . The extra money rs.3 lakh and rs.5 lakh he has given to elder brother he has given had not taken any no objection from all the owners as per agreement. Is he bound produce the profit sharing agreement as there is no other agreement to return his money it is implied that he is obliged to give from the profit sharing. Can he claim the money he has given. Can we claim interest as per rera act(if is drafted in west bengal but not yet passed) We have claimed the share of profit but he denied. Can he show less profit? Can we force the normal profit according area and location and cost of such project ?We have launched complaint online in district consumer dispute redressal commission, claiming the profit with interest,he has probably not replied and they have asked both of us to attend their office. What will happen if he will not attend on the stipulated date? What should be our step after that?

A. File a complain case against them and also file an application for injunction immediately. Thanks

I have seen some plots in Bangalore which are under Panchayat limits(Form 9/ 11 khata) and these land is not DC Converted. What is the risk of buying these kind of plots. I heard in Bangalore many plots are not DC converted and when land is fall under BBMP limits then the plot will become BBMP B khata. Could you please let me know whether i can go ahead of purchasing plot?

A. Sir, all you need to k now is whether your land is A khata or B khata. An "A" khata land has no problem. However, a "B" khata land means that it is illegal and as such a non BBMP approved. A "B" khata can be easily converted to "A" khata. Thanks

Hello I would look know that is there any rule in KMC that property within ward number 1 to 100 does not need completion certificate and can consider it as authentic property. Kindly advice...

A. Dear Sir, There is no such rule and it is mandatory to get completion certificate. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

Whether RERA payment structure should be followed or not in case of pre-rera registration and post-rera demand. old(pre-rera) buyers suffer loss due to loss of interest on early payments(99.5% on last slab) Builder took around 95% of agreement value on 28th slab and around 99.5% on Last slab(30th Slab) Agreement was pre-rera dated 08-March-2016, 28th Slab onwards demand was post-rera. As per my understanding of maharera payment structure only 70% payment should be done till last slab. 75% demand should come on completion of of the walls, internal plaster, floorings doors and windows 75% demand requirement is still incomplete in RERA website for this project. Builder disagrees mentioning that agreement was done pre-rera so they follow agreement payment structure. Please provide clarification on the same, whether RERA payment structure should be followed or not in case of pre-rera registration and post-rera demand. old(pre-rera) buyers suffer loss due to loss of interest on early payments(99.5% on last slab)

A. Dear Sir, It all depends upon agreement between you since it appears to be pre-RERA case. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07