How to file a complaint against the builder at consumer court?

A complaint against the builder in the consumer court can take up to 1 year.

A consumer complaint at a consumer court  against the builder can be filed for the following reasons:

  1. The builder has delivered poor quality work or work is not as per defined earlier at the time of registration.
  2. The builder has constructed the building, flat or unit without proper approvals from the concerned authorities.
  3. The builder has constructed the buildings on the illegally acquired land.
  4. The builder, promoter or any real estate agent has committed fraud while booking the property.
  5. There is a change in land use, layout plan or structure without prior approval from the home buyer.
  6. The builder is charging some extra hidden charges at a later stage.
  7. The promoter or builder has canceled the project without any explanation or any satisfactory reason.
  8. The builder is causing a delay in delivering possession of flats.
  9. The builder has created a third-party interest in the property or sold the property to another buyer.
  10. The builder is not providing the Completion Certificate or the Occupancy Certificate to the home buyers.

The very first step is to send a legal notice to the builder or construction company before you go for the litigation process against the builder. The legal notice must be well-drafted by the help of an experienced lawyer who can include all the necessary information like the deficiency or fraud in service given by the builder. If the builder is willing to rectify the deficiency or cheating that happens, the builder will send a reply to the legal notice stating their sincere reason for the delay or take the essential measures to amend their errors. If the builder fails to do any of these things, you can proceed to file a consumer complaint against the builder.

Homebuyers can file a consumer complaint as per the Consumer Protection Act, 1986 against the builder by the help of a good property lawyer. The lawyer will evaluate the facts of your matter and file a complaint with the appropriate consumer forum.

If the value of the property and claim of the fraud is more than Rs. 1 crore, a complaint is to be filed with the National Consumer Dispute Redressal Commission.

A consumer complaint against the builder drafted by the property advocate should include the following details:

  1. Details of the buyer and builder.
  2. Details of the property in question.
  3. The issue faced by the buyer.
  4. The relief sought from the consumer court.

The consumer complaint is filed along with the required documents such as the copy of the legal notice sent by you, the builder-buyer agreement, the proof of payment made to the builder, and others. as well as the prescribed court fee as a demand draft.

How to file a complaint under RERA?

In India, possession of a property is considered to be the mark of outstanding social standing. This is one of the reasons why home buyers in India are rising. Buyers generally invest their money in an under-construction project which makes them being at the mercy of the builders. The need for RERA Law was recognized so as to protect the homebuyers who invest their hard-earned money and savings in the project. The home buyers have become hopeful that their rights will be protected with the implementation of RERA. Most of the buyers know about the implementation of this new Law but only a few know how it works. This content is to make you understand as to how and when the complaint can be filed under Real Estate (Regulatory and Development) Act, 2016. Below are the some points are given by following which we can file a complaint under RERA court

DRAFTING COMPLAINT:

Now, we know that we can file for an application before the forum, but the question remains regarding the format of the application and the content of it.

Here are the points which are to be mentioned in the application which is to be formatted in a specified way by your real estate property lawyer:

  • Name of the complainant and details – address, identification and profession
  • Accused name and details – address, identification and PAN number provided in the sale deed of the flat or any receipt of the flat
  • If it was registered under RERA, the registration number, or if it was under process, then the temporary number.
  • Flat number, address and other relevant details
  • The total amount which has been invested in the flat
  • The total cost of the flat to be brought or has been brought.
  • If the possession is taken, then the date of possession, and if it is a matter of delay in possession, then the promised date of possession.
  • Any communication, if made to the builder personally or through legal notice.
  • The relief sought
  • The referral of any pending case regarding the project.

APPEAL:

In case you are aggrieved by the order passed by the RERA authority or adjudicating officer, you may file the complaint to RERA tribunal on its portal within 60 days from the date of receipt of such order after paying the prescribed fees.

As RERA tribunal is all set up to hear to your complaint, and provide you with a solution, it is important that you coordinate with the government.

Whenever you buy a flat or property, make sure to check the RERA registration of the project and enquire about the builder and seller. As RERA authority gives protection to those buyers only who invested in a RERA registered property if such investment is made after 2016.

How to get a Marriage certificate?

Getting a marriage certificate in India is not so difficult. The marriage registration process is governed by the personal laws in India and are best guided by a legal consultant who knows the procedure for each concerned religion.

The registration procedure for every religion is almost similar to each other.

If anyone wants to get register their marriage under the Hindu Marriage Act, then they must follow the procedure given below:

  • An application can be filed at the office of the sub-divisional Magistrate, in whose jurisdiction the husband and wife reside.
  • The application form must be filled with all the details carefully and it should be self-attested by both husband and the wife.
  • On the fixed day, both the parties & both the witness who attended their marriage need to be present before the Additional District Magistrate. After some formalities, the certificate is also issued on the same date.

The documents required for marriage registration are as follows:

  • Completely filled application form in the right manner, signed by both husband and the wife
  • Address Proof of both spouse – Voter ID Card/ Ration Card/ Passport/ Driving License
  • Proof of Date of Birth of both husband and wife
  • 2 passport sized photographs, 1 marriage photograph
  • Separate Marriage Affidavits in the prescribed format from Husband and Wife
  • Aadhaar Card

All these documents must be self-attested by both parties along with the invitation card of the marriage.

The appointment date in such cases usually comes within 15 days of the online application, whereas it can be extended to 60 days in case of the Special Marriage Act.

For Special Marriage Certificate, the invitation card, wedding photograph, and witnesses of the wedding are not required.

To get all the procedures done in the most efficient way, make sure you hire the best family lawyer.

Complete Guide on RERA

What is the RERA Act 2016 and why is such a real estate law needed?

The real estate sector has grown in recent years but consumers are not protected from the fraud that builders are doing. Though consumer protection laws are available in India but they are only curative, but not preventive. This has affected the overall potential growth of the real estate sector due to the absence of professionalism and standardization.

Objectives of RERA:

The main objectives of the RERA are as follows:

  • ensure accountability towards home buyers and protect their interest
  • ensure transparency, ensure fair-play and reduce frauds & delays
  • Introduction of professionalism and pan India standardization
  • establish a good communication medium between the promoter and allottee
  • assign certain responsibilities on both promoter and allottees
  • establish a regulatory oversight mechanism to enforce contracts
  • establish a fast- track dispute resolution mechanism
  • promote good governance in the real estate sector 

What is RERA?

The RERA or real estate regulatory authority Real Estate Bill was passed by the central government of India in March 2016. And finalized by the Hon’ble President of India on 25th March 2016.

Some sections of the RERA Real Estate Bill have not been notified yet, as the institutional structures, namely the establishment of the Regulatory Authority and the Appellate Tribunal are necessary prior to their enforcement. For e.g. projects can only be sold after they are registered with the Authority, thus, in the absence of the same, there would be a vacuum.

Sections 20 and section 43 of the Indian constitution provides the Authority and the Appellate Tribunal need to be established within 1 year of the commencement of the Act. As the said sections were notified for commencement on 1st May 2016 the Authority and the Appellate Tribunal are required to be established maximum by 30th April 2017. Sections of the Act which have not been notified yet would be notified maximum upon the expiry of that period.

Benefits of buyers from RERA :

  • Buyers will only pay for the carpet area not for the built-up area.
  • Before RERA buyers have to pay 20% of the total amount for the booking. But after implementation of  RERA buyers can pay only 10% of the amount that too paid only after the agreement for sale is made by the builder. Builders have to create a separate bank account for each project.
  • The builder should fix the structural defects if any for 5 years before RERA it was 2 years after the possession is handed to the buyer. The defect must be corrected within 30 days of the complaint made by the buyer
  • The buyer has the right to know the project plan in detail.
  • The buyers will give the cost for the project at each stage of construction instead of getting total money for the project but if developer demand for that home buyer can file a case against builder with the help of best property lawyer.
  • RERA is compulsory for all commercial and residential projects, which are more than 500 sq.m. or 8 apartments must be registered before starting the project.
  • Developers can sell the project only after the clearances from RERA.

Detailed Procedure for Name Change.

If anyone wants to change name at official documents because of any reason so you have to follow the following procedure after following this procedure your name will be changed officially the steps are as follows:

Step 1 – Filing Affidavit

Go to your local Notary or any good lawyer by there help make an affidavit regarding the change of your name. You have to mention therein your specific reason for changing your name. 

This affidavit can be used for changing your first or last name and also using the same, you can completely change your name (both first and last name).

Step 2 – Newspaper Publication

After filing the affidavit you have to go for newspaper publication you have to publish the same thing in the newspaper that you said in the affidavit the newspaper should of two different kinds one is local newspaper and another one is a national newspaper 

Step 3 – Gazette Notification

After publication in the newspaper, you have to take a cut out of your publication and by collecting the affidavit reach the gazette office of India to give the notification in the Gazette of India once the notification is published in the Gazette then you can use your change name in your official document. There is a verification stage also before gazette notification if you fail at the verification stage then you have to follow the same procedure again from starting again which can cost you more and also time-consuming so it is advisable to hire a good lawyer or go any firm which is experienced in this particular field which can save your time and money.

How to solve dispute with builder legally?

Several builders promise to deliver your dream home but it fails due to many reasons, which results in homeowners having no roof on their head and paying his current house rents will be a burden as well along with the EMI’s.

It’s the builders’ duty to deliver the property on time, the legal actions available which are to be taken against the default builder are given below:

1. Filing a legal case

You can file a legal case against the builder in the RERA court for the refund of money or compensation for delay in possession 

RERA court is a special court that is specially established by the Government of India specially for the builder dispute due to continuously rise in builder dispute cases in India.

Under RERA, 2016, all complaints including the complaint about possession delay must be disposed of by the RERA Authority within 120 days.

The Real Estate (Regulation and Development) Act (RERA), 2016 was enacted to protect the interest of homebuyers and safeguard them against the unfair practices of real estate and housing project developers.

Under RERA, it has become compulsory for developers to obtain all requisite approvals from different government agencies before they can offer the project to the public. The developers have to display all the information relating to the project on the appropriate website of State RERA Authority established under RERA.

2. The complaint in consumer court

You can always file a complaint in the customer court, where you can claim for deficiency of service, which is about the false promise made and the opportunity loss which is pertaining to the loss of opportunity in buying a better property.

Filing a case in the consumer court is always a great idea.

3. Claim compensation and refund of the amount paid

If your project is taking a too long time, the buyer can always ask for a refund on the amount paid. You can directly file a civil case in a civil court or you can file a case in the Consumer Dispute Redressal Commission if the builder is not willing to pay the amount.

You can also ask for compensation for the delay in providing the dream shelters to there consumers for which they are waiting for and for which they have paid or for which they are paying EMI’s to the bank you can claim your compensation as a penalty.

4. Claim Interest on the refund:

If you want to go ahead with the refund then you should also claim for interests on the amount that you have paid to the builder up to the date of case filing.

Conclusion

False promise for the sake of making money is a wrong practice, RERA is always there to take action against the fraud builders but here is what you can do by yourself rather than being at the mercy of such fraud builders.

What is IBC, 2016?

IBC 2016 or insolvency and bankruptcy code, 2016 strengthens various laws, regulations, and rules concerning insolvency and classifies insolvency, bankruptcy, and liquidation of nonfinancial entities. The previous 2 laws concerning the same were repealed and 11 amended. This law creates a time-bound process of insolvency resolution for the companies. The process of insolvency in this law states that, it should be resolved in 180 days but in some special circumstances, the time period can be extended to 270 days.

4 Pillars of IBC, 2016

  1. Insolvency Professionals(IPs) 
  1. These professionals conduct the resolution process
  2.  These professionals are regulated by Insolvency Professional Agencies(IPAs)
  1. Information Utilities(IUs)
    1. They store facts about lenders and terms of lending in electronic databases
    2. This can decrease delays and disputes about facts when default take place
  2. Adjudication
    1. National Company Law Tribunal(NCLT)– For corporate entities such as companies, LLPs, and others.
    2. Debt Recovery Tribunal(DRT)- For non-corporate entities such as individuals, partnership funds, and others.
  3. Regulator
    1. Insolvency and Bankruptcy Board of India is the regulatory body that regulates the IBC.
    2. Also have regulatory over-sight over the IPs, IPAs, and IUs.

The sequence of steps under IBC:

  1. After one day of the default, a creditor or a borrower can approach NCLT/ DBT and can apply to initiate insolvency proceedings against the service provider or seller. NCLT/DBT has a time period of 14 days in which they have to reject or accept the plea of the customer.
  2. Once the case is admitted, lenders will constitute committee of creditors (CoC), appoint an IRP which will run the borrowers’ company in the interim period
  3. Within 180 days, the CoC has to decide on a debt recast plan. Lenders are provided with an additional 90 days to arrive at a final resolution plan
  4. If the lenders agree by a voting process, the CoC would go ahead with debt restructuring. Otherwise, after 180 days, the company’s/ borrower’s assets will be liquidated

Impact of IBC

  • IBC can help in reducing the stressed assets of banks
  • Promote ease of doing business. By this code, there will be more investment nationally
  • Free up the bank’s productive resources and increase the credit availability in the economy which could be used for the welfare purposes
  • The employee would get their salaries on time

How to get Death certificate?

You can get the death certificate of your loved once easily procedure for death certificate depends on the place where you are reciting. You can usually obtain any death certificate from the issuing authority where it was issued if you go in person, or through another person with a power of attorney.

However, there are also simpler means available. The usual alternatives are:

  1. Through the Embassy of the country where you were born, if you are out of your state of birth.
  2. Through a best attorney of your area.
  3. Through the post, although be careful because sometimes you can make the request but you still have to be in the country to pay for it – administrative systems are not always well put together;

Online. For the US, there is an authorized on-line provider, called Order Your Vital Records Online . For other countries (about 100 of them), there is VitalRecords.biz: Worldwide Vital Records .
If neither covers your country, try one of the above options, or the blog at VitalRecords. Also, you can look at the UN Civil Registration and Vital Statistics database at Civil Registration and Vital Statistics Knowledgebase , where laws and regulations from various countries (on this topic) are available.

What are the benefits of RERA?

RERA or real estate regulatory act 2016 is an act amended by the central government of India to help home buyers from getting safeguard themselves builder fraud. At this court matters related to the builder-dispute are entertained only no other cases are entertained so there are no extra cases due to this home buyers get a quick judgment from the court and also get relief. The new legislation was enacted with the aim to protect the interests of the buyers or investors of that particular project. The home-buyers are the ultimate beneficiary in the whole process of regulation of the real estate sector.

The benefits that a homebuyer get after the implementation of RERA Act 2016, are as follows:

  1. It is mandatory for the Promoter/Builder to register the project with RERA, the completion time and the other details regarding the project in the RERA application form for registration. Accordingly, the Promoter/Builder is accountable to follow the timelines otherwise he will suffer losses/ penalties that he has to pay the builder.
  2. The Promoter/Builder can collect only 10% of the total consideration of the flat/plot/apartment from the buyer as a booking amount. The act prohibits the promoter from taking more than 10% of the total consideration as advance booking without entering into the agreement for sale.
  3. It is compulsory for the Promoter/Builder to upload the necessary documents related to the project on their website or at rera website including sanction receipts and status of the project every 3 months so that the buyers can view all the documents.
  4. If the Promoter/Builder wants to leave the project mid-way by selling to another Promoter or party, then the Promoter is required to take written approval of 2/3rd of the home-buyer of that project and also the prior approval of the RERA.
  5. If the Promoter/Builder wants to amend or change any Plans and layouts, then the Promoter/Builder has to take permission from 2/3rd buyers for the same.
  6. The Promoter/Builder will be responsible to repair any structural defects if there any occurs in the construction even after 5 years of handover of the project.
  7. Earlier, the disputes between builders and buyers were heard in the consumer courts, but now with the formation of a separate authority for resolving disputes relating to the real estate industry the speedy disposal of cases is ensured. RERA aims at disposing of a complaint within 60 days of filing of that Complaint.

How to Change name officially in India?

The name change in India at various official documents is a three-step procedure. These steps are filling Affidavit, Newspaper publication and then gazette notification. If the first two steps i.e. filling affidavit and newspaper publication are legally not correct then your application will be rejected at the gazette office and you will have to repeat the whole procedure again which will be very expensive for you so this should be done by any agency who have experienced in this field. But if you want to do it on your own then the first fill the affidavit and then publish the information regarding name change in the newspaper and at last visit gazette office for the gazette notification.

The detailed procedure for the same is as follows:

Step 1. The first step is to prepare an affidavit in legal way with the help of the best lawyer which contains your old name, father’s name or husband’s name as per situation, date of birth, residential address, and the new name that you want to be. The affidavit should be on the stamp paper and must be attested by a notary public or oath commissioner with the date on which it is attested.

Step 2. Now your affidavit is ready, the next step is to give an advertisement in two newspapers one local and one national containing the data of affidavit. But while making an advertisement in the newspapers this should be kept in mind that newspaper must be on the panel of the gazette of India. 

Step 3. Now comes the most difficult and last part of the name change procedure in India. The procedure to change the name officially remains incomplete unless it is notified in the Gazette of India. Though each state has its own gazette it is advised to go for central gazette as only it is binding on all departments. For people living in any parts of India, they can send their application through registered post to the gazette office and if approved your officially changed name will be published within 8 weeks in the Gazette of India. You need to send original affidavit, newspaper ads, CD and other required forms along with your application.

After this process when your name is changed officially in India, you can change the name in all your documents but in educational documents it can not be changed. Just provide a copy of central gazette with your educational documents and it will work for you in all departments. In case you pursue further education, always use your official changed the name.

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