Q: How to file a case against a defaulting builder in the NCLT court ?

Ans: A single buyer can not initiate an insolvency case.

It is needed to have 100 home buyers or 10 percent of total home buyers whichever is less.

Total amount of default has to be Rs 1 crore or more.

If the default is established,  NCLT can initiate insolvency.

Application has to be filed in a court of jurisdiction in which builder's company registered office is located.

For instance: If the builder's company registered office is in Delhi, the case will be filed in NCLT Delhi. 

If the builder's company registered office is in noida, the case will be filed in NCLT, Allahabad.




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