ATS MARIGOLD POSSESSION DELAYED AND INVESTMENT AT RISK?
GET COMPENSATION AND INTEREST DUE FOR DELAYED POSSESSION OF Ats Marigold
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Take immediate action against the builder delaying possession of your property and Protect your investment!
HOW MYADVO CAN HELP YOU:
Get clarity on overall procedure to file case against fraud builder, charges involve and time frame involved. Send a legal notice to builder and claim compensation for delay in possession. Get legal counsel to file possession delay case in RERA . Get full refund of your amount with interest from day one. Get delivery of possession in less than 12 months.
MyAdvo has the best property lawyers & Local Court/ NCDRC experts who have experience in dealing with delay in possession cases.
Why choose MyAdvo?
Our in-depth lawyer profiling provides experience, specializations & client reviews amongst other details.
No obligation free consult with experienced lawyers & Fixed-Fee charges for filing your case.
We assign a dedicated case manager to handle all your concerns throughout the case.
FREQUENTLY ASKED QUESTIONS!
Why should I file a case against the Ats Marigold builder for delay in possession of flat?
You're putting your investment at risk if you fail to take an action against the builder for delayed possession delivery. If you do not file a case against the builder and the builder files for bankruptcy, you will not be named as one of the creditors to claim your amount. Without filing a case, you will not be eligible to get reimbursement when the court orders sale of builder's assets.
Is interest paid on the amount in case of non-delivery of possession?
In case of delay in property possession, a 12% interest is paid to the buyer who files a case with NCDRC. If the flat is not delivered within 12 months of filing of case, an interest of 18% is to be paid by the builder.
The builder has promised to deliver the possession in a few months. Should I still file a case?
It is advised not to rely completely on builder's promises, rather take every measure possible to protect your investment! If the delay in possession from the decided date is less than 12 months, you may choose to not file a case against the builder. But, if the delay is beyond 12 months and you have multiple units or large investment, you must file a case against the builder.
Can different homebuyers file the case as a group against Ats Marigold delaying possession?
A group petition against builder delaying possession is filed as a class action. However, any delay by one person could affect the case for every homebuyer. It is recommended to file a case for delay in possession of flat individually as it is a much faster legal action against the builder.
Is it compulsory to appear in person on every hearing date?
No, it is not compulsory to appear in person on every court date. Your property lawyer can appear for you in the court unless you are asked by the court to appear in person. Your property lawyer will appear for you in court even if you are not in the city or even country.
How much time would a case against Ats Marigold delayed possession take in court?
When you send a legal notice to builder for delay in possession and file a case under RERA Act, 2016, the courts take prompt action to resolve the matter. When a case for delay in possession of flat is filed in consumer court like the National Consumer Disputes Redressal Commission, the matter is usually resolved in less than 18 months.
Do we need a Legal Counsel to represent in RERA?
Under Section 56, the representation of the case may be made by a Legal Practitioners or the complainant himself. However a proper complaint needs to be prepared along with proper annexures, so we suggest that your claim should be represented legally in the right way.
Can the buyer file their claim under RERA even if the Developer/Promoter is not registered?
Yes, a claim can be filed against the developer who is not registered under RERA. Under Section 59 of the Act failure to do so is punishable with a penalty which may extend up to ten per cent. of the estimated cost of the project determined by the Authority. NOTE: If any promoter does not comply with the orders, decisions or directions issued under sub-section (1) of Section 59 or continues to violate the provisions of section 3 of the Act, he shall be punishable with imprisonment for a term which may extend up to three years or with fine which may extend up to a further ten per cent. of the estimated cost of the real estate project, or with both.
Can buyers who have filed cases in other Forums file cases in RERA as well?
Section 71 of the RERA says that any person whose complaint in respect of matters covered under sections 12, 14, 18 and section 19 is pending before any of the Consumer Dispute Forum, on or before the commencement of this Act, he may withdraw the complaint pending before it and file an application before the adjudicating officer under this Act.
What is the next platform after RERA for both buyer and builder along with the time frame?
RERA Appellant Tribunal is established under Section 43 of the Act which can be approached in case of any grievance from the order of Adjudicating Authority which can be approached under Section 44. An appeal from an order of Appellant Authority can be filed in High Court under Section 58 of RERA, 2016. A person can appeal in High Court if he is aggrieved by decision of the Appellate Tribunal however this isn’t allowed in cases where the decision was reached after consent of the disputing parties. The person has to approach High Court within 60 days of receiving the decision.