Under Section 63 of Real Estate (Regulation and Development) Act, 2016 if any promoter, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of the real estate project as determined by the Authority. Issue notice to builder seeking compliance of the order of Authority after that file an appeal under Section 63 read with Section 69 of the Act seeking imposition of penalty and out the recovered refund of advance and interest of you. Only procedure will cut procedure. You need to properly follow the procedure and take it to logical end.
Not getting possession of flat
I have booked a flat in UNIHOMES, Bhopal on 01.12.2012 against price of 27.79 lakhs. Unihomes is a JV of Unitech, SVS Buidcon & Khaneja Properties. Possession of flat was supposed to be given by 19.04. 2016. I have already paid 95% of the price. Im also bearing housing loan EMI. I filled a complaint with MP Rera and they gave the order in year 2019 that builder should refund money I have paid with interest to me. At present builder has completely stalled the construction and neither he is honouring the RERA. Im looking forward to you advise on how to move ahead. The property is in Bhopal and Im based out of Mohali.
Asked 3 years ago in Consumer Law
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13 Answers
You may write to the State RERA complaining non-compliance of its order by the flat-promoters. Simultaneously, you may file a suit against them at the jurisdictional court, in consultation with a local lawyer.
If there is already an order in your favor from MP RERA for refund, you should apply again in RERA for execution of this order.
The RERA upon your execution application should issue a recovery certificate against the builder. This should help you.
feel free to get in touch incase you have any further questions.
Take out execution proceedings for failure on part of builder to comply with RERA orders
2) in case a developer does not honour the Rera order, it. Is forwarded to the concerned district magistrate to recover the dues. The district magistrate recovers the money as arrears of land revenue. Money so recovered is deposited in Rera account and from there it is transferred to the beneficiary of RERA order
You need to go for execution of your order under rera for the same. You can take other modes of filing FIR of cheating against him.
- Since, the RERA has already passed order in your favour , then you can file an application under section 40 of the RERA ACT , in the same court for the execution of the order.
- The court will issue order of attachment of the property of the builder and further warrant to arrest the builder.
Dear client,
You can file a contempt petition under section CrPC 345 against the opposite party for the same.
Thank you.
If the RERA has passed an order for refund of booking amount with interest then you may have to file an execution petition to execute the orders by following due process of law.
You can seek for attachment of builder's property in the execution petition besides seeking arrest.
Thank you for your answers. Asking a follow-up question here - I have just filled an application under section 40 for the execution of the order. Shall I also issue notice to builder seeking compliance of the order and file an appeal under Section 63/ 69 of the Act? What other legal remedies can I explore? Few people have filled FIR and case in consumer courts too. Builder has been arrested by police yesterday. Please advise whether I should hire lawyer for pursuing my case. If yes, should it be local (Bhopal) lawyer? and any recommendation, if any.
Asked 3 years ago
Better engage lawyer to fight your case
2) when execution proceedings are filed by you then you cannot file appeal against impugned order
3) if case has been filed before RERA no case can be filed before consumer forum
4) FIR can be filed against builder
The notice will be issued to him in execution if he doesn't comply then further procedure of attachment will be followed along with recovery warrants
If you have decided to file an execution petition then you can go by that decision only, you may not be eligible to file an appeal against the decision, especially if the decision had come in your favor.
You should concentrate on your relief alone, you do not get deviated by what others are doing in this regard.
If others are approaching various law enforcing agencies to claim their relief, you can don't be bothered about it because you have already approached appropriate legal forum for relief and remedy, hence you may better concentrate on your relief and follow up action alone through due process of law.
You can engage the lawyer of your choice from anywhere including the one outside Bhopal too.
Yes, it is better to engage a lawyer. It is not advisable to prefer a police complaint unless intention to defraud can be established.
Dear client,
If the builder has been arrested by the police, and you have already filed an application for execution of order, there appears no point in filing any other order/appeals at this moment. You can do that at a later time as well. Further, if you choose to hire a local lawyer, they might be in a better place to give advice, since they'll be knowing the situation completely.
Thank you.