1. NCLT is the fastest and the most advisable way for you to get the money as they follow strict timeframe where builder cannot buy time. Execution is very difficult in RERA, even after you get a degree in your favour.

2. You will have to withdraw your case in rera, if you want to file a complaint against the builder in nclt.

3. Not possible.

4. 100 % , if the builders has assets to satisfy your claim.

5. 6 months.

6. Legal fee charged depends from lawyer to lawyer and can only be discussed in person.

7. No

8.No

9.NCLT is the best option as you would have maximum leverage. NCDRC would also take more time .

1. Yes at this stage when there is already complaint filed the It would be better to continue with RERA complaint.

2. A parallel petition .Of insolvency can be filed in case the financial condition of builder is deteriorating.

3. In Nclt after declaring moratorium claims of different entities can be there accordingly amount shall be distributed.

4. For interest and compensation RERA is proper authority.

5. Nclt matrer can take like 6,-8 months.

6. You shall know when court rejects the petition under IBC on date of order.

7. Yes they can approach NCLT for.recovery of.money as financial creditor.

7. If RERA is already filled it is.good going NCDRC it.can take more.time

1. 1 lakh

2. No. It can be done by filing a simple application and recording your statement to that effect. It is basically a one day job.

3. You can individually file a case in NCLT. Also, case can be filed in a group as a class action suit.

4. It depends which stage the insolvency procedure has reached.

1. In NCLT for IBC one lakh minimum default should be there.

2. A withdrawal application can be filed i would not recommend same.

3. A individual can file a case before NCLT.

4. There is proper Form under IBC for creditor in same you can put your claim and submit to the Insolvency Professional appointed.

1) continue with RERA 

2) you cnnaot file case in NCLT unless you with draw your case from RERA 

3) NCLT proceedings would be long drawn affair 

4) legal fees vary depending upon lawyer engaged by you 

5) you can in alternative go to NCDRC in group 

1) The minimum amount of the default shall be one lakh rupees or more for matters relating to insolvency and liquidation.

2) You have to make application to with draw case from RERA 

3) it it would not be long drawn affair 

4) you can individually file case before NCLT 

 it is not possible to file a case at RERA Tribunal as well as at NCDRC at one and the same time.

An aggrieved person has two option, either to approach RERA Tribunal or to approach Consumer Forum to seek redressal for his grievance. If a consumer decided to approach NCDRC he has to keep the pecuniary jurisdiction of the court in mind, that is the claim must be of one crore rupees or above and if a consumer decided to approach RERA Tribunal he will be guided by the Territorial Jurisdiction of the court i.e. the consumer has to approach the RERA tribunal in which the claimed property is situated, but it is to be kept in mind that only ongoing project fall within the ambit of RERA, whereas the jurisdiction of Consumer Forum applies to both existing as well as completed project.

Reply to main queries:

1. Yes better stick with Rera

2. NCLT is for insolvency resolution process of builder whereas Rera is grievances against builder for a rera registered project. 

3. Yes NCLT petition has to be admitted by court

4 to 7- not predictable

8. Yes

9. Ncdrc is slow. Rera is fast

Follow up:

1. Pecuniary jurisdiction of nclt is 20k and above. You can file a petition

2. No. Just a simple purshis will do

3. Individually or group, either is ok. Group will put pressure on builder

4. You have to file your claim before the court or party appointed resolution professional 

It is better to continue in rera as it's is the quick remedy. The penal Provisions of rera is better. If you move to NCLT it may be considered as forum shopping. You need to again send them notice as operational creditor.

1.  If you want to fight through RERA itself, then it is your decision, if the monetary limit is not upto NCDRC, then you can approach state commission for consumer.

2. You can weigh the possibilities  and also the pros and cons of this option and can proceed.

3. Then you better enquire properly before taking a decision of withdrawing from RERA.

4. How far NCLT will be effective will have o be seen only after fighting the case properly.

5. Cannot be predicted.

6. You can contact the lawyer practicing in NCLT about this.

7.Immediately at the time of filing itself you will come to know about it.

8. You cannot avail remedies simultaneously from two forums.

9. If everyone has the same problem then you may gather the like minded people for joint complaint.

1. You may inquire about the fee for filing the case in NCLT.

2. You can file an application seeking permission to withdraw the complaint, it will be completed on the same day.

3. You can file int individually.

4. You file an application to implead yourself as a necessary party to the IP proceedings if filed by the builder and stake your claim.