RERA Or Consumer Court
(Self or Through Advocate):
Justice delayed is Justice
Denied- RERA- Aims at ensuring speedy dispute Resolution. Since the RERA act
has been enacted, the stance that customer cannot go to consumer court
has often been taken in legal arguments in consumer courts. The Supreme court has answered the
above-mentioned question in a judgment dated 2nd November 2020, passed by the
Supreme Court of India in the case of M/s
Imperia Structures Ltd v Anil Patni & Another (Civil Appeal No.
3581-3590 of 2020), the Supreme Court held that the redressal
mechanism/provisions under the Real Estate (Regulation and Development) Act
2016 (RERA) do not act as a bar to complaints under the Consumer Protection Act
1986 (CP Act).
So, any aggrieved person can go
to Consumer forum or RERA for dispute Resolution. Person here means any
individual purchaser (having Registered Agreement) or Association of such
purchaser. Now which is better Consumer Forum or RERA, If your Property Value
is more than 75Lacs than RERA is better choice as per my Opinion, Time
limitation for dispute resolution is there in both place but if you think your
builder has strong foundation in State you can choose Consumer Forum over RERA.
Read: Buying a home is investment
or liability; https://angirshahdeo.blogspot.com/2023/03/residential-property-flat-is-investment.html
How to File a Complaint in
Consumer Forum and RERA?
Consumer Court: You can file in
Plain paper with copy of all the documentary evidence to the Consumer court,
depending upon your property value you have to file either in District Commission
or State Commission
RERA: There is a specific format
for filling the complaint depending on the state, you have to go to complaint
section of RERA, choose State, District and City where your property is situated,
there is no pecuniary limit while filing a complaint in RERA.
You can file a Complaint in
Consumer Court and RERA by yourself, then what is the need for Advocate?
You will file the complaint if
there is no technical fault in the application, RERA Authority or Consumer
Court will issue notice to the builder, he will hire a lawyer to give his
submission. A lawyer will find loopholes and mistakes in your application just
to linger the case or dispute resolution. What to write is important but more
important is, what not to write in any legal proceeding. What you write or
admit in your application need no proof or supporting documents to be proven by
the second party. So, it’s better to hire a good Advocate for filling the Complain.
The Problem is how to find a good lawyer Near You. Who is the best and
affordable RERA Lawyer of Pune?
Visit: Pune Housing Market - Discover Best
Properties In Pune -PuneHousingMarket.com
Write to us at adhitechranchi@gmail.com
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