Builder is missing how to file a complaint against him?

Shivendra Pratap Singh


High Court Lucknow

Property | RERA

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Advised on 22 Jul, 2021

Question: The Builder is not present at his place of residence therefore the summon has not been served upon him. How to file a complaint against a builder who is missing from his address? A complaint petition was lodged to RERA, ASSAM against Promoter vide Case No.RERA/ASSAM/COM/ in the month of Feb/2021 who ought to have completed construction of my building on 03-09-2016 as per MOU. 

After 6 month when I inquired about the matter in RERA, Assam regarding my complaint, I was informed as they could not locate the concerned Promoter (Promoter had in the meantime changed his address). The matter is pending and could not take any action until they got the proper address. Why has RERA not exercised their good office to locate the concerned promoter?

Question from: Assam

It is the responsibility of the complainant to produce the address of the opposite party. You have to get the correct address of the builder and give it to the RERA authority. If the address is correct but the builder is missing from his address the RERA can serve the summons through a public notice published in the local newspaper. 

Builder is deliberately missing from his address with the intention to fail the service of summons upon him. In this situation you should move an application to the rera authority for issuing a public notice and publish it into the local newspaper. Builder is cheating you because he is not is position to construct the flat within time.

The provisions of Real Estate Regulation Act 2016 empowers the rera authority to issue process against the builder or promoter to appear in the preceding before it. The rera has power to compel the opposite party to appear in the proceedings. You should furnish the correct address of the builder or promoter. The rera authority, thereafter,  can use the force against the Builder to appear in the proceeding.