Filing Case Against The Developers To Go Easy On Pocket Now
May 27, 2017 Home Trading Steps
Supreme Court’s decision against the fraudulent developers comes as a relief to the home buyers. The middle class home buyers with the income of Rs 60,000 per month or less or annual income of Rs 7.5 lacs or less will benefit from the court’s recent order. Supreme Court has now come up with a new scheme to fund the cost of litigations filed by the home buyer. Currently, home buyers hesitate to file the complaint against the mal practices of the developers due to the high cost involved in the legal process, now with this recent decision, it is expected that more buyers will come forward and the fraud practices by the developers will decrease.
As per the decision, the buyers who fall into the mentioned income group will have to pay only Rs 500 to Supreme Court Middle Income Group Legal Aid Society and Rs 750 as the contingent fund while submitting the case. The mentioned amount will be used to aid the expenditure of the legalities and the required documentation.
Though the case will be filed through the advocates, the person filing the complaint can suggest any lawyer. But the final decision will be in the hands of the society to whom the case shall be handed over to. The designated advocate will go through the case and if the case is found unfit for the Supreme Court’s time, then the contingent money will be given back to the person filing the complaint via a cheque. Whereas, if the advocate if found guilty of not handling the case properly or overlooking it, the advocate will have to return the entire fees received from the applicant. The society although will not be responsible for the misconduct from the advocate. But the society can remove the advocate from the panel.
This new decision is expected to reduce the amount of the case by 75- 80 percent. Middle income group is the worst affected when it comes to the mismanagement by the developers.
According to the reports, there are thousands of cases pending with the court regarding real estate and most of them are mostly because of the delay in the project, not given what was promised. With this decision, the developers will now work more carefully and diligently and buyers can now expect a better time in the real estate sector.
As per the decision, the buyers who fall into the mentioned income group will have to pay only Rs 500 to Supreme Court Middle Income Group Legal Aid Society and Rs 750 as the contingent fund while submitting the case. The mentioned amount will be used to aid the expenditure of the legalities and the required documentation.
Though the case will be filed through the advocates, the person filing the complaint can suggest any lawyer. But the final decision will be in the hands of the society to whom the case shall be handed over to. The designated advocate will go through the case and if the case is found unfit for the Supreme Court’s time, then the contingent money will be given back to the person filing the complaint via a cheque. Whereas, if the advocate if found guilty of not handling the case properly or overlooking it, the advocate will have to return the entire fees received from the applicant. The society although will not be responsible for the misconduct from the advocate. But the society can remove the advocate from the panel.
This new decision is expected to reduce the amount of the case by 75- 80 percent. Middle income group is the worst affected when it comes to the mismanagement by the developers.
According to the reports, there are thousands of cases pending with the court regarding real estate and most of them are mostly because of the delay in the project, not given what was promised. With this decision, the developers will now work more carefully and diligently and buyers can now expect a better time in the real estate sector.
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