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MSix buyers together had filed a case against a builder in NCDRC against a prominent builder in Noida who was pushing handover of our incomplete flats without obtaining Occupancy Certificate (OC). The case was filed in December 2021. The builder was trying to push us to take physical handover of the flats citing that he had applied for OC with Noida Authority and as a certain time period had passed without outright rejection of his application, he could consider it as deemed OC.
We had filed as a group because of the NCDRC limit of hearing only cases of Rs 10 crore and above value in 2020-2021 and each member of our group had paid roughly Rs 2.2 crore already to the builder (own funds +home loan disbursement) and on,y as a group the amount crossed Rs 10 crore. The floor for NCDRC cases has since come down to Rs 2 crore).
We sought possession with proper OC and delay compensation for not getting possession on time.
After a few initial hearings, no hearing in our case has taken place for three years now…either because judge was absent, or paucity of time by the bench on the date our hearing was scheduled. No hearing has taken happened in past three years. At each scheduled hearing, we are told that our case was not heard and the next date for hearing is seven or eight months away. One judge has retired and now it is under another bench.
Our current lawyer/legal firm, which is quite well known, has shown no interest in advising us on the way forward. The lead partner handling our case has left it to a bunch of young associates to send us mails about delays without getting involved or offering any response to our queries.
I was recently told by a friend that we could file an application for interim relief, and this would be heard and chances are that it could even disposed of quickly.
My friend is a lawyer who had earlier represented similar cases in NCDRCut has since chosen to leave litigation and taken up a job so he cannot take up our case. He also has no axe to grind.
I get the feeling that the lead partner of our current law firm is no longer interested in our case because he has bigger matters in hand. He has left our case in the hands of clueless young associates who are fresh out of law school.
Any advice, lead would be appreciated
I am looking to change lawyers now and seeking advice on whom we could approach and who will provide better advice and show more interest.
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AHave you filed a complaint with the RERA ? Such cases generally proceed much faster there than in the traditional judicial forums. I know of people who received compensation for delay from the builder within 2 years of filing the case. The whole process is online and even hiring a lawyer for representation is not required.
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ALawyer here.
Why not complain under RERA? Do you have the NOC? Last date of hearing was? Next Date of hearing?
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