Last Updated on June 20, 2024 by Satish Mishra
The Consumer Protection Act, 1986 doesn’t stipulates any bar of sending legal notice before filing a case in District Consumer Redressal Forum of Chandigarh Panchkula Mohali for any deficiency in services rendered by builder but for RERA (Real Estate Regulatory Authority) Punjab and Haryana RERA Panchkula, it is different.
Yes, I said it right.
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For any deficiency of services in project built by Developer , such as workmanship defect, quality of material used in flat or house, substandard maintenance services at inflated prices, or any other obligation that builder was supposed to cover under builder-buyer agreement , the Act prescribes for consumer , homebuyer, homeowner or be it complainant before any forum, to bring it to the notice of real estate developer/ builder to honour the commitments made or else RERA covers such deficiencies for five years from the date of handover.
Also Read- RERA Punjab and Haryana RERA Panchkula Advocates & Lawyers
Let us read the relevant provision for your reference here in RERA Act which is Section 14(3) reproduced below:
(3) In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter’s failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act.
Then what happens after five years.
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The answer to this is Consumer Courts across the Tricity. You can approach them anytime since RERA is an additional remedy available to consumers but one forum /Authority at a time not simultaneously.
Section 71(1) proviso makes it ample clear what to do in such kind of circumstances. Let us read the proviso first:
Provided that any person whose complaint in respect of matters covered under sections 12, 14, 18 and section 19 is pending before the Consumer Disputes Redressal Forum or the Consumer Disputes Redressal Commission or the National Consumer Redressal Commission, established under section 9 of the Consumer Protection Act, 1986, on or before the commencement of this Act, he may, with the permission of such Forum or Commission, as the case may be, withdraw the complaint pending before it and file an application before the adjudicating officer under this Act.
Also Read- FILE YOUR COMPLAINT ONLINE WITH RERA PUNJAB
But for other grievances such as refund of entire amount along with interest or compensation on account of delay in possession, legal Notice to builder/developer is not a must or compulsion.
You can still get away with this task easily.
But there are few advantages of Sending Legal Notice to builder in case of delay in possession before filing RERA case at any of the authorities in RERA Punjab or Haryana RERA Panchkula which are:
Also Read- PROCEDURE STEPS OF COMPLAINT IN RERA PANCHKULA AUTHORITY
1 To prep up for the RERA case facts wise and what your grievances are genuinely.
Take the help of expert RERA Lawyers Advocates for sending legal notice to builder.
2 You may also seek free legal advice on RERA matters related to Punjab RERA Authority or Panchkula RERA from any of the expert real estate legal advisors available on the real estate platform which would help you immensely in pursuing your case later.
3 Financially also, it may be a good bet for you as initially you might have to just spent 2500, 5000, 7500 or 10K for sending legal notice to builder as a fee whereas the cost of filing a case in RERA or engaging an RERA Punjab or RERA Panchkula advocate/Lawyer may vary from 10, 20, 30, 40 k upto lacs depending upon the expertise of legal counsel and also the money involved. So pocket wise also you don’t have fret about legal expenses for sending a real estate legal notice.
Also Read- RERA PUNJAB AT MOHALI
4 At times, matter is settled at the outset only which is legal Notice to builder for deficiency in services. Developer of realty project may come up with a solution and fix the entire thing for you. Isn’t it great?
Yes it is. Save of time and money and at last the solution. On cloud number nine again.
5 Lastly, Legal Notice prepares you for the battle ahead in courts that what could be expected from builder over there. If reply to the notice has come, then you can draft your RERA Punjab or Panchkula case really well by engaging any of the top real estate lawyers or advocates in Chandigarh Panchkula Mohali (Punjab and Haryana).
Also Read- FAQS RERA PUNJAB HARYANA PANCHKULA
While finding a District Consumer Forum or Haryana/Punjab Rera Lawyer , one must understand the price, quality and time equation/matrix.
Cheap price less quality and time
Good quality high price and average time
Average quality less price and more time.
Also Read- HOW TO FILE COMPLAINT IN PANCHKULA-RERA
Hope you can unearth the meaning behind this equation. Rest for more info on the subject, please dial 99888-17966.
This post is written by Advocate Satish Mishra who is a practising lawyer in RERA Punjab and Haryana RERA Authority.
