Middle class homebuyers who have purchased a property in India that they are displeased with have a reason to cheer. Such buyers can move the Supreme Court against a builder who has delivered a faulty project. While this was possible to do earlier as well, today such action by anxious will not break the bank. Grieved home buyers can now fund the cost of their litigation as per a new scheme announced the Supreme Court. Households that earn less than 60,000 per month or less than 7.5 lakhs per annum are likely to be the benefices of this Supreme Court decision.
The Details of the Scheme
Homebuyers who are eligible under this scheme will only need to pay 500 rupees to the Supreme Court Middle Income Group Society Legal Aid Society and pay 750 as a deposit in a contingent fund while they submit the case. This expenditure will be used to pay for legalities and for expenditure on documentation. Hence those who own real estate in India are henceforth freed from a constant runabout in an attempt to bring attention to their grievances.
Advocates will file the case, on behalf of the complainant, yet the compliant has the right to suggest the advocates from a panel chosen for the case. The society however will take the final decision as to which lawyer to assign the case. Upon being shortlisted for the case, the lawyer will study the details of the case and if he finds that it is suitable for the Supreme Court he shall proceed further. If the case application concerning property in India is not found to be suitable for a hearing from the Supreme Court, the money for the case shall be returned to the complainant by cheque.
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This step by the Supreme Court will comfort those in the process of buying real estate in India as buyers now have additional safeguards against malpractice by builders
Choosing the Right Lawyer
The process during which the advocate is studying the case, if it is found that the advocate has been negligent or has behaved in an improper manner, the advocate will be required to return the fee paid to him by the complainant. The society that assigned the lawyer to the case concerning the property in India is not held responsible for the lawyers conduct yet the lawyer can be removed from participating on the panel in future cases if the society so decides.
Benefits to Complainants
It is believed that this scheme will be 70 to 80 percent cheaper for complainants than the schemes that exist today. Many builders shall have to be more earnest in the future when they make claims about property in India they are trying to sell.