Effective solution for delayed possession of flats/houses

The most common issue among the middle class in India as on date is with regard to the delayed possession of flats/houses booked by them.

People are confused about the legal means to redress this issue.

The two easy & simple ways are

  • To approach Real Estate Regulatory Authority (RERA) in the state where the said authority exists/operational
  • To approach Consumer Disputes Redressal Forum/ Commission

My suggestion as on date is to approach Consumer Disputes Redressal Forum/ Commission for effective redressal of the said grievance. The reason being as on date the orders passed by the said Forum/ Commission are executed and as such are comparatively better.

There is no effective mechanism for execution of the RERA orders and as such the homebuyers run pillar to post with the order of RERA in their favour.

Recently the Honb’le Supreme Court has upheld the amendment to the Insolvency & Bankruptcy Code (IBC) with respect to the classification of homebuyers as Financial creditors & as such the said code would also be of great help. So approaching the Company Law Tribunal would be an additonal & effective means as well for the homebuyers.

Supreme Court upholds amendment to the Code regarding status of homebuyers as Financial Creditors

Published by Joseph Thomas

Practicing lawyer based at Bhopal

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