Question: Can we file a case against the builder if his address is not available for RERA filing? Builder address given during registration not active. How to file a complaint to RERA if the builder address is not found to send a summon. He has left that office but the website is reflecting the same address. Many allottees are ready to file a case against him but no one is present at his registered address.
Asked from: Uttar Pradesh
You should take a print of the registered address from his website. Mention the same address as the registered address of the builder. Then you should file a complaint with the RERA authority. Complainant is not bound to search the current address of the defendant.
If the registered address has been mentioned in the RERA registration certificate, brochure or allotment letter it is sufficient for you to mention that address in the RERA complaint.
If the authority’s summon/notice returns with the endorsement that the address is not living on the address then you should publish the summon in the local newspaper. After the publication the authority shall record that summon has been served upon the builder.
If the builder does not appear in the proceeding then the RERA authority can pass an ex-parte order against the builder. That order is legally enforceable if the judgement debtor (builder) is not opposing it. You can enforce that ex-parte order through the filing of an execution application.