Property Consultation

Upon successful payment of the booking amount, a dedicated case manager will be assigned to you. The case manager will get in touch with you within 24 hours of booking the consultation. The case manager will discuss your case with you and understand your requirements in details. After this, the case manager will share profiles of 3-4 lawyers with you for consultation. You’ll be required to choose from the list of lawyers. The case manager will fix an appointment with the lawyer for a time and date convenient to you for the consultation to take place.

Yes, you can scroll down to the bottom of the consultation page or click on the ‘lawyers’ tab to see the list of lawyers. You can choose the lawyer of your own liking by clicking on their profile. Once you click on the lawyer profile, you will be redirected to the lawyer page wherein all relevant details of the lawyer will be highlighted. On the same page, a ‘Book Now’ option is available along with applicable lawyer fees and available modes of consultation with the lawyer. You can click the ‘Book Now’ option and input your relevant details and make the payment to confirm consultation with the lawyer. Post successful booking of consultation, a case manager will be assigned to you to fix an appointment with the lawyer for a time and date convenient for both parties.

Once you click on the “Book a Consultation” option, you will be required to choose the desired experience of the lawyer you want to consult with. You will also be required to make a selection of the preferred mode of consultation which can be either through skype or a phone call. You’ll then be required to fill a form capturing your details and make the payment of the consultation fees. Upon successful payment, a dedicated case manager will be assigned to you. The case manager will get in touch with you within 24 hours of booking the consultation. The case manager will discuss your case with you and understand your requirements in details. After this, the case manager will share profiles of 3-4 lawyers with you for consultation. You’ll be required to choose from the list of lawyers. The case manager will fix an appointment with the lawyer for a time and date convenient to you for the consultation to take place.

Aggrieved home-buyers can approach three forums for resolution of their grievances:

• Real Estate Regulatory Authority (RERA): RERA is a dedicated court for resolution of disputes arising in the real estate sector
• Consumer Forum: Buyers can file a complaint for ‘deficiency in service’ against the builder

National Company Law Tribunal (NCLT): In case the builder is unable to continue or finish the real estate project, insolvency proceedings can be initiated by the buyer

Comparative analysis of the legal options available to an aggrieved home-buyer. 

Points of difference	Real Estate Regulatory Authority (RERA)	Consumer Forum	National Company Law Tribunal (NCLT)
Legislation/ law	Real Estate (Regulation and Development) Act, 2016	Consumer Protection Act, 1986	Insolvency and Bankruptcy Code, 2016
Establishment	New law; still in development phase	Well established	Well established
Appellate Body	RERA Appellate Tribunal	District Forum to SCDRC* SCDRC to NCDRC** NCDRC to Supreme Court	National Company Law Appellate Tribunal (NCLAT)
Jurisdiction	All real estate matters. However, if the occupancy certificate has been granted, then the complaint cannot be filed. Can be filed for any claim amount.	File in Dispute forum – Claims up to Rs. 20 Lakh File in SCDRC – From Rs 20 lakh to Rs. 1 Crore File in NCDRC – more than Rs. 1 Crore	Bad financial condition of registered company with disputed amount above Rs. 1 lakh
Compensation	Refund of payment with interest OR Monthly interest till handing over of possession	Refund with interest OR Possession with delay compensation for  Mental harassment, litigation cost etc.	Dissolution of Company, and claiming your share upon liquidation
Time frame of judgement  (as per Act)	Typically within 60 days	Typically within 1-2 years	Typically within 9-12 months
Implementation of orders	Weak Execution can be filed in cases where orders are not implemented	Strong	Strong
Court Fees	Varies from Rs. 1,000 to Rs. 5,000 for different states	Rs. 2,000 to Rs. 5,000	Rs. 25,000
Litigation Cost	Rs. 25,000 - 75,000 (With Execution)	District: Rs. 10,000 - 20,000 SCDRC: Rs. 30,000 - 60,000 NCDRC: Rs. 60,000 - 2,00,000	Individual: 60,000 - 1,50,000 NCLT Group (10+): 30k-50k per person

* SCDRC – State Consumer Dispute Resolution Commission

** NCDRC – National Consumer Dispute Resolution Commission 

• Prior to the enactment of the Real Estate Regulatory Authority Act, 2016, aggrieved home-buyers had the option of approaching the consumer court to address their grievances. 
• However, with the enactment of the RERA Act and the Insolvency and Bankruptcy Code, 2016, aggrieved home-buyers now have access to even more fora for speedier remedial actions.
• The protection provided by the Insolvency and Bankruptcy Code through NCLT is limited in nature and is only relevant when a company becomes insolvent or bankrupt or is in any manner, not able to pay the debt owed by it.
• The adjudicating mechanism under RERA is still in its nascent stage and is under development. There have been several instances where enforcement and implementation of orders of RERA has been an issue.
• Hence, currently, home-buyers are best served by seeking relief from the developer/ builder under the consumer protection laws by approaching the appropriate consumer court.

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