PROPERTY POSSESSION DELAY ONLINE IN KAMRUP METROPOLITAN

PROPERTY POSSESSION DELAY SERVICES OVERVIEW IN KAMRUP METROPOLITAN

It might be incredibly frustrating to spend your hard-earned money on a flat, a house, or any other property and not receive it on time. Furthermore, when the builder refuses to return your calls and continues to delay the delivery of your ideal home, it drains your energy, focus, and mental tranquility. You not only lose money in EMIs and rent payments, but you also risk disrupting your family's peace. It's difficult and exhausting to fight a court battle. You have nightmares about serving the builder with a legal notice. For years, the real estate industry has been harmed by this long-standing issue. This is one of the reasons why the government saw the need for a sector-specific forum, which is how RERA came to be. According to estimates, more than 3 lac property buyers in Delhi NCR are awaiting possession after having paid 90% of their purchase price. It's difficult to keep paying the bank interest while renting. The Indian dream of owning a home became a nightmare. A possession certificate is required in order to move into or utilize a property since it indicates that ownership has changed from one location to another.

The RERA has given buyers more power; yet, the recent understanding of the need to contact various forums such as the NCLT and NCDRC has prompted fear among rogue builders and a tumultuous real estate market. However, once the dust has settled, purchasers will find it easier to purchase houses and flats.

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RERA (Real Estate Regulatory Authority): RERA is a court specialized in resolving real estate disputes. The RERA Act, which was enacted in 2016, is still being worked on. It has jurisdiction over all real estate cases through its appellate body, the RERA Appellate Tribunal. RERA complaints can be filed for any sum of money owed, however, they cannot be filed if the occupancy certificate has already been issued. Customers can opt for a complete return of their investment, plus interest, or a monthly interest payment until the builder takes over possession.

The RERA Act normally resolves each complaint in 60 days, with court fines ranging from Rs. 1,000 to Rs. 5,000 depending on the state, and litigation costs ranging from Rs. 25,000 to Rs. 75,000. 

1. The buyer has the right to claim possession of a plot/apartment under Section 20 of the RERA. The buyer's group will have the right to claim ownership of the shared areas. 

2. For any disobedience or violation of RERA laws, a buyer can register a complaint with the RERA Authority.

3. Furthermore, a buyer might seek experienced property lawyers' assistance in filing a lawsuit for If the builder fails to give possession of the property, the buyer has the ability to submit a complaint under RERA. The buyer can file a complaint to receive immediate possession or a full refund of all payments made to the builder, including interest. 

The National Company Law Tribunal (NCLT): In the event that the builder is unable to continue or complete the real estate project, the buyer can file for insolvency under the 2016 Insolvency and Bankruptcy Code. This well-established statute, which has an appellate authority called the National Company Law Appellate Tribunal (NCLAT), resolves issues involving registered firms in bad financial standing with a disputed amount exceeding Rs. 1 lakh. It pays the company owner in the event of the company's liquidation and allows them to recover their share. 

The average time it takes for a case to be resolved (according to the act) is 9 to 12 months. The court charge is Rs. 25,000, with litigation costs ranging from 60,000 to 1,50,000 for individuals and 30,000 to 50,000 for NCLT Group .

Consumer Forum: The Consumer Protection Act, which was passed in 1986, allows buyers to submit a complaint against a builder for a "deficiency in service." With its Appellate Body District Forum to SCDRC (State Consumer Dispute Resolution Commission), SCDRC to NCDRC (National Consumer Dispute Resolution Commission), and NCDRC to Supreme Court, this statute has been in effect since 1986. Buyers can bring complaints in the Dispute Forum for claims up to Rs. 20 lakh, in the SCDRC for claims between Rs. 20 lakh and Rs. 1 crore, and in the NCDRC for claims exceeding Rs. 1 crore under this legislation. It allows customers to receive a refund with interest or possession with a delay in exchange for compensation for mental harassment, legal fees, and other expenses.

The Consumer Forum is required by law to resolve a matter within one or two years, and its court fees range from Rs. 2,000 to Rs. 5,000. District Forum litigation costs between Rs 10,000 and 20,000, SCDRC litigation costs between Rs 30,000 and 60,000, and NCDRC litigation costs between Rs 60,000 and 2,00,000.