These days people are stuck in under construction properties offered by the builder.
You had invested in the project offered by the builder assuming the value will get appreciated or you would be getting timely possession of the property. But neither things happened.
The only option now is go to court but which court?
There are 3 courts as of now to help you out with this issue
A. Consumer Forum
You can approach all three as per the Hon’ble Supreme Court judgement
But here is Deep Analysis
- Consumer Forum
Here I would discuss the approach to NCDRC here either you can approach as a single consumer having a claim of 1 Cr+ now act is amended but not notified the value of claim will go to 10 Cr once the act is notified.
You can file 12(1)(C) petition irrespective of claim value. It is a complaint by a group of people.
Time period is 2 to 3 years but relief is 99% guaranteed in approaching this forum. Procedure is simple and as of now even refund +14% interest is given.
Execution of order is fast as builder appeal to Supreme Court are mostly rejected.
The Approach to NCLT is like a Atom Bomb of legal procedure. Here the NCLT can declare moratorium if you succeed and builder will lose it company.
NCLT is effective only if your reach Settlement before Moratorium. Most cases are settled out of court.
But approaching NCLT is expensive but really fast.
But NCLT will be forum of future as NCDRC claim value to go up to Rs. 10 Crore.
As of now RERA is not that effective as it was speculated with many forums of appeal and many Authorities have no tribunal functioning the procedure is slow and execution is unpredictable.
NCLT or NCDRC are the best forum as of now people have got back their money with interest by these forums.
By: Advocate Nitish Banka