RERA Advocate & Lawyer in Noida & Ghaziabad

Use the official UP-RERA portal to check the project registration and available disclosures. Match the registered promoter, project address and phase to your allotment letter and agreement; a marketing name alone may not identify the correct registration. Save the relevant disclosures alongside your booking and payment records.

Section 18(1) addresses a promoter's failure to complete or give possession in accordance with the agreement for sale. Where its conditions are met, an allottee who wishes to withdraw may demand return of the amount paid with interest at the prescribed rate, with compensation available in the manner provided by the Act. The agreement, possession date, payment history and applicable orders must be reviewed before choosing this remedy.

The proviso to Section 18(1) provides for interest for every month of delay until possession is handed over where the allottee does not intend to withdraw from the project. The applicable period and prescribed rate require assessment against the agreement and facts. A refund claim and a claim to remain in the project should not be treated as interchangeable; an existing settlement or order can also affect the relief sought.

Section 31 permits an aggrieved person to complain about violations of the Act, rules or regulations. UP-RERA provides an online complaint-registration route. Before filing, identify the correct project and parties, set out a dated chronology, attach supporting documents and specify the relief sought. Check the current portal instructions, fee and applicable forum; the firm's office location does not by itself determine jurisdiction.

No. The Act distinguishes refund and interest remedies from adjudication of compensation. Section 71 provides for an adjudicating officer to determine compensation under Sections 12, 14, 18 and 19. UP-RERA also lists a separate complaint route for compensation. The allegations and relief requested should be reviewed so the claim follows the appropriate procedure rather than assuming all remedies are decided through one application.

Section 14(3) covers structural defects and specified defects in workmanship, quality, services or the promoter's obligations under the agreement for sale. Defects brought to the promoter's notice within five years of handing over possession must be rectified without further charge within thirty days; failure can give rise to appropriate compensation under the Act. Preserve the possession date, written notice, photographs and any technical assessment. Not every maintenance issue necessarily falls within this provision.

Section 44 generally requires an appeal to the Appellate Tribunal within sixty days from receipt of a copy of the Authority's or adjudicating officer's direction, order or decision. The Tribunal may entertain a later appeal if sufficient cause is shown. Preserve proof of receipt and obtain advice promptly; do not assume a delayed appeal will be accepted. Promoter appeals also require review of the pre-deposit requirements in Section 43(5).

UP-RERA provides a Request for Order Execution route. Section 40 addresses recovery and enforcement under the Act. Keep the order, proof of service, the compliance deadline and records of any payment or outstanding obligation. The appropriate execution or recovery steps depend on the terms of the order and any appeal or stay; obtaining an order does not guarantee immediate payment.