You have to fight DRT case 

2) litigation is long drawn and expensive proposition 

3)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 beneficiaries of the Rera order.

1.     Bank cannot seek recovery without adding builder as a party in view of tripartite agreement. Bank is necessary part of any procedure  by bank.

2.     File a petition in DRT seeking to add builder as a respondent/defendant  No. 2.

3.     Seek stay of all DRT proceedings until possession is given to you with cc and oc.

4.     You can also approach High Court if DRT application to add build a party is rejected.

Your case involves multiple legal issues related to RERA, the builder's non-compliance, and the DRT case filed by the bank. Below are practical, court-applicable suggestions based on your situation:

Here’s a practical and court-applicable strategy tailored to address your situation, as well as guidance on how I can assist with the legal drafting and case handling:

1. Next Step to Get Possession Since Builder Has Not Complied with the Execution Notice

• File a Contempt Petition Against the Builder:

  • RERA allows you to initiate contempt proceedings under Section 63 for non-compliance with its orders. Contempt proceedings can lead to fines or even imprisonment of the builder's directors or representatives, increasing pressure for compliance.
  • Draft a strong contempt petition that emphasizes the builder's deliberate delay, ongoing harassment, and the financial burden imposed on you.

• Request a Recovery Certificate (RC) from RERA:

  • Under Section 40 of RERA, you can seek a recovery certificate for the amount due (interest + balance) and enforce it through the local District Collector.
  • The RC process allows the government authorities to attach and auction the builder's properties to recover dues. If possession is not feasible immediately, this ensures you receive compensation.

• Demand Police Assistance for Possession (if applicable):

  • In some states, RERA can direct local authorities or police to assist in handing over possession. Check with the RERA authority if this is available.

Drafting Service Offer: I can draft a detailed contempt petition or a recovery certificate request that ensures a faster response from RERA.

2. Do You Need to Fight the DRT Case or Can It Be Delayed?

• Yes, You Must Respond to the DRT Case, but:

  • You can file a defense claiming that the default is due to the builder's failure, as the loan liability arose from the subvention scheme.
  • In your reply, include:

    • The RERA order against the builder.
    • The tripartite agreement clauses showing that the bank vetted the builder and was aware of the subvention scheme.
    • Request the DRT to adjourn or delay proceedings until the builder complies with the RERA order.

• Seek a Stay on DRT Proceedings:

  • If your state has a RERA Appellate Tribunal, you can apply for a stay of DRT proceedings, arguing that enforcement is dependent on possession being granted by the builder.

Key Tip:
A strong response can delay the DRT proceedings, giving you time to enforce the RERA order. I can draft a comprehensive defense statement for the DRT case.

3. How to Handle DRT Costs Practically

• • Request a temporary moratorium or restructuring of the loan until the RERA order is complied with.

• Low-Cost Legal Representation in DRT:

  • DRT lawyers can be expensive, but I can assist in drafting all necessary responses and pleadings at a significantly lower cost. You can then hire a lawyer for only court appearances, reducing fees.

• File a Counterclaim Against Builder and Bank:

  • A counterclaim in the DRT case can shift some of the burden to the builder and even the bank. This can delay the proceedings, as the bank and builder will need to address your claims.

4. Manipulating the Case to Your Advantage

• If you'd like me to take over, I can prepare and manage all the legal documents, including:

  • 
    Contempt Petition in RERA.
  • 
    Execution Follow-Up Applications (for RC or police assistance).
  • 
    Replies and Counterclaims in DRT.

• This ensures all filings are error-free, properly formatted, and aligned with legal precedents. This also signals to the court and other parties that you're fully prepared to escalate the case if required.

Practical Summary

• Enforce the RERA Order:

  • File contempt and seek attachment or recovery certificates from RERA.
  • Request police assistance if possible.

• Defend the DRT Case:

  • Argue for adjournment or stay based on the builder's liability.
  • Negotiate with the bank to defer proceedings.

• Cost-Effective Representation:

  • Let me handle the drafting of all necessary petitions, applications, and defenses.
  • Engage an affordable lawyer for court appearances only.

Would you like me to start drafting the Contempt Petition for RERA or the DRT Reply to help you move forward?

Rera has directed the builder to hand over possession 

I want to know whether OC for the building is received ? 

It appears that you have to pay 20% from your pocket, 10% at time of booking and 10% at possession 

This means the balance 80% would have been paid by the bank under the subvention scheme to the builder on your behalf 

So you are indebted to the bank for that 80% regardless of the fact that you have not got the possession 

The subvention scheme is discontinued by RBI and is prohibited. There appears to be some RBI circular for that 

I would like to see your tripartite agreement to ascertain when your liability to repay the loan is triggered 

In some cases, banks may not be able to take action against home buyers for defaulting on EMIs in a subvention agreement if the builder is at fault. However, this depends on the circumstances of the case. 

A subvention agreement is a tripartite agreement between a buyer, bank, and builder that finances a flat. 

To address your situation, as the builder has failed to comply with the RERA execution notice, you should move for attachment of the builder's properties under Section 40(1) of the RERA Act and initiate contempt proceedings for non-compliance. Regarding the DRT case, while the loan liability remains yours, you should file an impleadment application to make the builder a party to the dispute, highlighting their non-compliance as a defence. This will also allow you to seek directions for the bank to recover dues from the builder under the tripartite agreement. Although DRT cases can be expensive, consider filing a counterclaim against the bank for failing to ensure due diligence under the subvention scheme and link your inability to settle the loan to the builder’s non-performance. Additionally, you may approach the consumer forum for deficiency in service and damages caused by both the builder and the bank. Negotiating with the bank for a moratorium period or reduced EMIs until possession is handed over could also help ease financial pressure.

You execute your order and issue non bailable warrant against him. Go for attcahment if he doesn’t comply. In DRT you file rera order and seek stay