"Victims of RNA Corp." OR Victims of Any Unscrupulous Builder, What are the options available for Home Buyer and Aggrieved Flat Owners in Redevelopment Project
How to File a against a Builder, What are the options available
Any citizen can file a case against a developer. There are several options and situations under which a property buyer can file a complaint. Types of complaints are:
- EOW
- Consumer case
- Suit for Specific Performance of Contract
On the following grounds in which a property buyer can drag an incompetent property developer on violations/ breach of ground
- Non-execution of relevant sale agreement despite having received a substantial advance amount
- Non-issuance of copies of all relevant documents viz.; development agreement, power of attorney, sanctioned plan (by concerned Regional Authorities), specification of construction materials/design as per sanctioned plan and any other relevant documents
- Charged higher than the agreed amount
- No issuance of proper receipt(s) against the paid amount
- Poor quality construction
- Delivering of a house not complying to agreed specifications
- No free parking space within the premises
- Did not form a co-operative housing society and handed over to members
- Non-provision of water storage tank
- Non-provision of proper ventilation and light
- Delayed possession beyond the stipulated time limit
- Not obtaining completion certificate from the concerned registered (by the authorities) architect
- Non-issuance of Occupancy Certificate at the time of delivery of respective flats/house to its occupants
- Non-declaration of expenses against which the developer collected money
And many more…
Any project falling short of above listed causes home buyers to approach for remedy from options available 1 to 5
1) Cheating Case (EOW) - Jointly or Individually Legal Complaint
2) Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)
3) Specific Performance in High Court
4) National Commission if agreement value is more than 1 Crore (New Delhi)
5) State Consumer if agreement value is less than 1 Crore (Mumbai)
How to file a complaint against a builder in the Consumer Court?
With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps:
- Send a well drafted Legal Notice to the builder stating your reasons of discontent
- Await for a response for the stipulated time from the other party
- On no-response, prepare a petition stating facts and evidences with the help of expert legal advice
- Approach the Consumer Court and file your petition against the builder
As per a judgement passed by the National Commission in the case of Jayantabhai Ranka and Arunaben Kapadia vs Ravi Developers, the Commission pointed out that the cause of action on the builder continues till the allotment of the site or full refund of money on refusal to allot.
This means, no matter how much the delay, the builder is liable to properly honour his service agreement. The other important point that this particular case also highlighted is that ‘each property developer is liable to execute an agreement for sale’. And failure to do so can be a cause of action against the builder in the Consumer Court.
You may simultaneously approach EOW with legal advice along with Consumer Court Case
1) Cheating Case (EOW) - Jointly or Individually Legal Complaint
2) Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)
This option of specific performance in High Court is little expensive but result oriented all you need a good Advocate and result can be expected in 4 to 8 months where as in consumer court it may take 12 to 24 months
This option is expensive as you have to pay court fees the upper cap of the court fee is Rs 3 Lakh the court fee structure calculation table is given for your reference
COURT FEE SLABS
SLAB-A = FIRST RS. 15,00,000 --------------------------------------- RS 31,230.
SLAB-B = RS. 15,00,001 TO RS. 26,00,000-------@RS 2,000/RS 1,00,000.
SLAB-C =ABOVE RS. 26,00,000------------------------@RS1,200/RS 1,00,000.
SLAB-D = FIXED -------------------------------------------------------------RS 200
e.g. COURT FEES FOR RS. 30,00,000, 40,00,000, 50,00,000, 75,00,000 AND 1,00,00,000 ETC. CAN BE CALCULATED AS UNDER:-
| VALUE | SLAB-A | SLAB-B | SLAB-C | SLAB-D | TOTAL (A+B+C+D) |
| 30,00,000 | 31,230 | 22,000 | 4,800 | 200 | 58,230 |
| 40,00,000 | 31,230 | 22,000 | 16,800 | 200 | 70,230 |
| 50,00,000 | 31,230 | 22,000 | 28,800 | 200 | 82,230 |
| 75,00,000 | 31,230 | 22,000 | 58,800 | 200 | 1,12,230 |
| 1,00,00,000 | 31,230 | 22,000 | 88,800 | 200 | 1,42,230 |
For Court Orders in Favor of Home Buyers and Aggrieved Flat Owners in Redevelopment Project click the link below
http://wakeupindia-designer.blogspot.in/2016/09/consumer-court-case-order-in-favor-of.html
http://wakeupindia-designer.blogspot.in/2016/03/hc-pulls-up-aa-estate-pvt-ltd-arm-of.html
Issued in Public Interest by Sulaiman Bhimani 9323642081 sulaimanbhimani11@gmail.com
