Builder dispute has become one of the grave situations for purchaser nowadays for regulating this there are various regulations
Different regulation governing builder dispute are-
- By sending Notice to the buyer
- It can be initiated by filing Criminal Cases in case of delay in completion etc. (U/s 406, 407,415 and 420 of I.P.C
- Filing Case under RERAi.e. real estate regulatory authority
- Filing Consumer Case
- Filing Civil Suit.
Our company provides best builder disputes attorney in Hyderabad to solve typical problems like illegal possession, ancestral property reimbursement, and builder delay in possession, property disputes among family, and real estate disputes under RERA act.
We provide best legal consultation, expert advice, represent, file, protect, and contest in property /real estate cases/matters/litigations to protect our clients’ rights, reputation and freedom.
Here we will basically consider the enactment of RERA
What is RERA?
Real Estate Regulatory Authority commonly known as RERA is a recently implemented law – THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 to safeguard sale of plot, apartment of building, in an efficient manner and to protect the interest of consumers in the real estate sector. It also ensures anenthusiastic and speedy Redressal mechanism.
What is the purpose and why did it come to place?
The act suggests and aims to create clearness in the real estate concerned transactions and to protect the consumer’s interests. This act is appropriate to all the states within India not including the state of Jammu & Kashmir. Toconfirms a speedy dispute Redressal mechanism.
How to determine the jurisdiction while filing the complaint?
Initiating a complaint under RERA is administered as per the simple Civil Procedure code conception of Territorial Jurisdiction i.e. to be filed before the arbitrating officer of the area where the project/home lies or where the cause of action arose.
In context with NCDRC-
The development of the National Consumer Disputes Redressal Commission (NCDRC), has brought progressive change in domain of builder dispute and brought remarkable changes has given various against the developers and in favor of home buyers. The Real Estate (Regulation and Development) Act (RERA), in contrary of it, has been sanctioned to address the irregularities in the current legal system. RERA has been considered as only enactment which can protect real estate buyer Authorities entertain all real estate development complaints, unlike the NCDRC and other consumer forums, which can only be advanced by consumers seeking relief.
With the RERA executing into force, a distinctnominated authority has been created, to cover with all matters concerning to any deficiency of services in the real estate development sector. The RERA authority and adjudicating officer, can entertain complaints with respect to registered real estate projects, notwithstanding of the claim amount. An aggrieved person can file a complaint, not only against a developer, but also against a purchaser. The Act also makes real estate agents accountable, for their role in the sale of real estate projects and permits aggrieved persons to file complaints against them,
Why do you need a lawyer for filing a Complaint?
A well framed complaint can make your representation influential and can help the court to know your grievances better. Our builder dispute lawyer in Hyderabad confirms that during the drafting as well as the argument stage the details of the complaint, legal grounds and the arguments are articulated in a manner which makes your case stronger and clearer. The complainant might not be able to do the same themselves and hence they need a lawyer to represent their case.