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FAQs

Because Every Question Deserves an Answer.

What can you do if the builder has delayed the completion of the project?

You can either file for refund of the principal amount along with interest payable from the date of each payment till the date of realization as per RERA Act, 2016. Alternatively, you may ask for physical possession of the unit along with delayed possession charges from the due date of possession till actual handing over of possession

Yes. In such scenario any document issued by the builder would constitute a contract if the same consist of the area to be allotted and payment made by the allottee.

Yes, Gurugram RERA is deciding all the cases pertaining to assured returns and lease rentals payable by the Builder/promoter to the allottee.

If the allottee fails to make payment without any justification, builder has a right to either charge interest as per prevailing RERA Rules or cancel the allotment as per Section 11 (5) of RERA Act, 2016.

  1. Timely possession and delivery.
  2. Full project disclosure (layout, timeline, approvals).
  3. Protection against unfair agreements and penalties for delays.
  4. Right to information and refunds.
  5. Can I file a complaint under RERA?

Visit the official RERA website for your state and search using the project name, promoter name, or registration number.

Unregistered projects are illegal. No Promoter can sell a new unit until the project is registered with RERA.

Yes. All ongoing projects (without completion certificate as of May 1, 2017) must be registered under RERA.

Yes. RERA applies to both residential and commercial real estate projects, including shops, offices, and commercial complexes.

Agents must:

  1. Be registered with the respective RERA authority.
  2. Facilitate transparent dealings.
  3. Avoid misrepresentation or fraudulent practices.
What is arbitration?

Arbitration is a legal method of resolving disputes outside of traditional courts. It involves one or more neutral arbitrators who hear both sides and make a binding decision, known as an arbitral award.

Yes. Arbitration awards are legally binding and enforceable in court, just like a court judgment, under the Arbitration and Conciliation Act, 1996.

  1. Confidentiality of proceedings
  2. Flexible timelines and procedure
  3. Expert arbitrators in specific industries
  4. Lower cost than prolonged litigation

Yes, but only on limited grounds, such as:

    1. Fraud or corruption
    2. Violation of natural justice
    3. Award against public policy
    4. Challenges are filed under Section 34 of the Arbitration and Conciliation Act, 1996.

Arbitration is generally faster than court litigation. In India, domestic arbitrations should ideally be completed within 12 months, extendable to 18 months with party consent.

What is cheque bouncing?

Cheque bouncing occurs when a cheque cannot be processed by the bank due to reasons like insufficient funds, account closed, signature mismatch, or payment stopped. This results in dishonour of the cheque.

Yes. Under Section 138 of the Negotiable Instruments Act, 1881, dishonour of a cheque for insufficient funds is a criminal offence, punishable with imprisonment and fine.

Follow this legal process:

  1. Obtain a return memo from your bank citing the reason.
  2. Send a legal notice to the issuer within 30 days of memo receipt.
  3. Wait for 15 days for payment after the notice.
  4. If no payment is made, file a complaint under Section 138 within 30 days after the 15-day period ends.

Yes. Sending a demand notice to the drawer is a mandatory pre-condition before filing a complaint in court under Section 138.

Yes. If the drawer pays the cheque amount within 15 days of receiving the legal notice, no complaint can be filed. This is a chance to settle the matter amicably.

As per recent Supreme Court rulings, the complaint should be filed in the court within the jurisdiction of the bank branch where you presented the cheque (payee’s bank).

Yes. If a company issues a dishonoured cheque, both the company and its responsible officers (e.g. directors, signatories) can be prosecuted.

What is debt recovery in civil law?

Debt recovery refers to the legal process of recovering money owed by an individual, company, or entity through civil legal remedies, including filing a civil suit for recovery.

A summary suit is a fast-track civil procedure to recover undisputed debts based on written contracts, bills, or cheques. It allows for quicker judgment unless the defendant gets court permission to defend.

Yes. You can claim:

  1. Contractual interest, if agreed in writing
  2. Statutory interest, as per the Interest Act
  3. Court’s discretion, depending on the facts
What is legal due diligence?

Legal due diligence is a comprehensive investigation and review of legal documents and risks before entering into a business transaction—such as mergers, acquisitions, investments, partnerships, or property purchases.

It helps to:

  • Identify legal, financial, and regulatory risks
  • Ensure the party or asset is legally compliant
  • Make informed business decisions
  • Avoid future disputes and liabilities
  • Strengthen negotiation power

Due diligence is typically conducted before:

  • Buying or investing in a company
  • Entering a joint venture or partnership
  • Merging or acquiring another entity
  • Purchasing real estate or other high-value assets
  • Signing long-term contracts or franchises

Typical documents include:

  • Corporate documents (MoA, AoA, shareholding)
  •  Agreements (vendor, customer, employment, leases)
  • Statutory and regulatory filings
  • Licenses and approvals
  • Intellectual property rights
  • Litigation history
  • Tax returns and compliances
  • Title deeds (for property deals)

While not always legally required, due diligence is strongly recommended in major transactions to avoid future disputes, hidden liabilities, or regulatory issues.

Who is a consumer under Indian law?

A consumer is any person who buys goods or hires/avails services for personal use (not for resale or commercial use) and pays some consideration (money, exchange, etc.).

A consumer dispute arises when a consumer suffers:

  • Deficiency in service (e.g., delayed delivery, poor service)
  • Defect in goods (e.g., damaged, expired, unsafe products)
  • Unfair trade practice (e.g., false advertising, overcharging)
  • Refusal to refund or replace by the seller or service provider

The Consumer Protection Act, 2019 governs consumer rights, dispute resolution, and penal provisions for unfair or deficient business practices.

Under the Act, consumers have the right to:

  • Safety from hazardous goods/services
  • Information and transparency
  • Choice of products/services
  • Redressal for grievances
  • Compensation for losses
  • File complaints online or offline

The forum may:

  • Order refund, replacement, or repair
  • Award compensation for loss/injury
  • Penalize the seller for unfair trade practices
  • Direct discontinuation of misleading ads
  • Impose costs of litigation

It includes:

  • Misleading advertising
  • False claims about quality or warranty
  • Charging more than MRP
  • Hoarding or black-marketing
  • Failure to issue bills or receipts

Yes. Courts have awarded compensation for mental agony, harassment, and inconvenience, especially in cases of:

  • Negligent medical treatment
  • Faulty home/appliance delivery
  •  Travel disruptions
  • Insurance delay or rejection

Yes. You can file consumer complaints against:

  • Schools/colleges (for false promises, denial of refunds)
  • Insurance companies (delays/denial of claims)
  • Banks (unfair charges, mis-selling, poor service)
  • Airlines/travel agencies (cancellations, delays)
What is an MSME?

MSMEs are Micro, Small, and Medium Enterprises defined under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 based on investment and turnover.

No, it’s voluntary, but highly recommended to avail government schemes, financial support, and legal protection in payment disputes.

Under the MSMED Act, 2006 (Section 15-24):

  • Buyers must pay MSMEs within 45 days of goods/services delivery.
  • Interest at 3 times the bank rate is applicable on delayed payments.
  • MSMEs can file complaints with the MSME Facilitation Council for recovery.

A quasi-judicial body under the MSMED Act that helps resolve payment disputes between MSMEs and their buyers through conciliation or arbitration.

Yes. If the dispute is not resolved through the Facilitation Council or arbitration fails, the MSME can file a civil suit or enforce an arbitral award as a court decree.

Yes. False declarations or misuse of MSME benefits can lead to penal action, disqualification from schemes, and recovery of wrongly claimed benefits.

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