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Author Topic: Need legal advice to counter builder withtout forming the association  (Read 81 times)

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Offline rajibmishrakhd

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Hi All,
We are having a situation where builder is threatening us that we can not send group email without forming the association.  I sent an email behalf of few owners after they are confirmation through WhatsApp group but now builder replied me back that I can speak about only my unit or apartment not for all other owners. Also, he said that he may proceed legal procedure if put this information in the Social media.


Need your expert advise on below points.

1. Can not one person sent an email to builders from behalf of group owners keeping their email id in CC? Is there judicial law present where it mentioned?
2. What is the rule to counter the builder without forming the association? what are the juridical acts are present which we can show case to builder about quality of work and timely deliver?
3. Is there right for owners to put this information in social media or public forum to inform other owners or buyers?
4. How can we approach RERA, if still it's not registered?

If anyone can help me please send me your mobile number, i will contact directly.

Regards
Rajib

Offline advjaibansal

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Re: Need legal advice to counter builder withtout forming the association
« Reply #1 on: January 06, 2018, 06:15:16 AM »
Dear Sir,

What is the problem that you are facing with the builder is not explained below. For which you have to send such emails and approach RERA etc.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: Need legal advice to counter builder withtout forming the association
« Reply #2 on: January 06, 2018, 08:02:29 AM »
Dear Sir,
Your questions are answered as follows:


1. Can not one person sent an email to builders from behalf of group owners keeping their email id in CC?
Is there judicial law present where it mentioned?
Ans. The builder cannot curtail the rights of the purchaser.
2. What is the rule to counter the builder without forming the association? what are the juridical acts are present which we can show case to builder about quality of work and timely deliver?
Ans: GET quality testing by private agency and counter the allegations of the builder. You may individually can fight against him.
3. Is there right for owners to put this information in social media or public forum to inform other owners or buyers?
Ans. It is your individual right, it cannot be curtailed unless it damages any body’s rights.
4. How can we approach RERA, if still it's not registered?
When and how should you file a complaint under RERA?
Will the Real Estate Act make it easier for aggrieved home buyers to take errant builders to task? We examine the procedure for filing complaints against builders, and how the RERA compares, with other consumer protection laws that are already in place
After the implementation of the Real Estate (Regulation and Development) Act (RERA), home buyers are optimistic that the new law will protect their interests. However, the moot question is, whether people know how to file a complaint or a case, under the new RERA rules.

“Complaints can be filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016, either with the Real Estate Regulatory Authority or the adjudicating officer. Such complaints may be against promoters, allottees and/or real estate agents. Most state government rules, made appurtenant to the RERA, have laid out the procedure and form, in which such applications can be made. In the case of Chandigarh UT or Uttar Pradesh, for instance, these are placed as Form ‘M’ or Form ‘N’ (common with most other states and union territories).”
A complaint under the RERA is required to be in the form prescribed under the respective states’ rules. The complaint can be filed with respect to a project registered under RERA, within the prescribed time limit, for violation or contravention of provisions of the act or the rules or regulations framed under RERA.

Filing a case under RERA
Ameet Hariani, managing partner, Hariani & Co, points out that “As far as Maharashtra is concerned, the rules with respect to lodging a complaint with the RERA authority, have been notified. Any person who has an interest in the project, can file an application with the RERA authority. The application can also be filed online, as per the format available. The complainant must provide:

The particulars of the applicant and the respondent.
The registration number and address of the project.
A concise statement of facts and grounds of claim.
The reliefs and interim reliefs, if any, sought.”
To initiate proceedings before the adjudicating officer for compensation under RERA, the complainant needs to file a similar application. This application must also be made in the prescribed format and must contain particulars similar to those required in the application to the RERA authority, Hariani adds.
What to do with pending cases under the NCDRC?
Experts point out that real estate cases under the National Consumer Disputes Redressal Commission (NCDRC), can take a lot of time for final adjudication, owing to the huge volume of cases pending before the commission. The Real Estate Act, hence, may provide for expeditious disposal and prove to be more effective than the NCDRC, vis-à-vis judgment and realisation of compensation under Sections 12, 14, 18 and 19 of the RERA.

“For cases pending before the NCDRC or other consumer fora, the complainants/ allottees can withdraw the case and approach the authority under the RERA. Other offences (except complaints under Section 12, 14, 18 and 19) can be filed before the RERA authority,”
 
Time frame for dispute resolution under RERA
There is no specific time frame provided in the RERA, for filing a complaint. However, a complainant should not be complacent. Hariani explains, “Complainants under RERA, will require to comply with the time periods for initiating proceedings, as prescribed in the Limitation Act, 1963. The time periods under this Act vary, based on the specific claims. In addition, in order to seek urgent interim relief, it would be advisable to approach the RERA authority as soon as possible, after the action causing the complaint takes place.”

The benefits of filing a case under the RERA
Chances of expeditious disposal of complaints.
Requirement of financial discipline by the promoters.
Transparency.
No ambiguity in area measurements.
Promoters are liable for compensation for delayed delivery.
Adjudicating mechanism to be in place.
 
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

 

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