It is not rare we see a water body is choked with solid waste both in urban and rural areas to raise a property. These landfills are done in the daylight in front of our which has detrimental effects on the eco-system. Government of India thus laid down various protocols which any real estate developer needs to abide before promoting.
A land developer, a builder, real estate developer is a person who purchases a piece of land from the owner and then develops it according to their requirements. It could be a residential housing, commercial offices, trading spaces such as hotel, restaurants, theatres, gym etc.
RERA is the abbreviation of the Real Estate Regulatory Authority Act 2016 which seeks to protect any consumer who is looking forward to buying any property for personal use or the public. Where the builders can quote the price based on the carpet area and not on the build-up area. The builder should produce the possession certificate to the buyer stating the date of possession in it.
Categories of default committed by the Land Developers or Real Estate Agents and its Remedies
- Substandard Construction: Situations arises when the buyer notice that the quality of the product doesn't match the product delivered they can either send a consumer complaint or a legal notice against the particular builder.
- Construction on Illegal Land Acquisition: On such occasions, the allottee can send a legal notice to developer either to refund the entire amount or can ask for alternate accommodation.
- Fraud Booking: The allottee can file a case of a consumer complaint or the builder has to refund the entire amount expended by the consumer in the entire process.
- Unapproved Construction: When an allottee becomes aware of the unapproved construction one can file legal notice against the real estate agent about the same to get the refund or work done maintaining every protocol.
- Change of plans related to structure: When the allottee is unaware of the change of plans related to building materials, change of floor plans etc. An allottee can sens a legal notice to the builder citing the dispute about the same.
- Hidden charges: When a builder unnecessary burdens the buyer with the hidden charge. On such occasions, a buyer may file a legal notice against the promoter.
- Cancellation of Project: When a developer all of a sudden cancels a project then one has to refund the entire amount to the allottee within a stipulated time.
- Delay in delivery: An allottee is also eligible to send a legal notice during a delay in the delivery of the promised date as mentioned in the agreement.
- Not providing NOC: It is a legal certification issued by a concerned authority to the covenants of the certificate. In such a case, an allottee can file an RTI. If the builder is has obtained the NOC but unwilling to hand it over, then one can send a legal notice.
- Forfeiture of amount: A forfeiture of the amount by a construction builder is a serious offence the allottee can claim a breach of contract.
How to send a Legal Notice for Eviction?
With the aid of a learned lawyer who is well-judged and up to date with work and also has a sound knowledge of the RERA Act, 2016. A legal notice should contain the following points:
- It should be sent in a lawyer's letterhead.
- The date is very mandatory in a legal notice it should also clearly mention the name, address and contact details of the person to for whom (here land developer/builder/ real estate agent) it is released.
- Name of the client (here allottee/ buyer) with address, contact details should also be mentioned in the legal notice.
- The allottee should state out the grievances or disputes raised by stating prooves on why he/she is sending the legal notice to the promoter.
- A notice must be thoroughly checked before signing by the advocate and the allottee.
- Details of the cause of action should be mentioned citing statements proving situations.
- The relief claimed by the sender (here allottee) of the notice should be mentioned carefully.
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