LEGAL FAQ
Krishna Law Offices, Gurugram — answers to common questions across our practice areas.
RERA & REAL ESTATE
Under Section 18 of the RERA Act, 2016, a homebuyer may claim full refund with interest at the prescribed rate, or compensation for delay while retaining allotment. File a complaint with HRERA (Haryana RERA). Seek legal advice before filing to ensure your claim is strategically framed.
No. RERA prohibits any demand beyond what is agreed in the registered sale agreement. Such demands constitute unfair trade practice and can be the subject of a formal RERA complaint.
HRERA is the state-level regulatory authority for Haryana, constituted under the central RERA Act. It regulates projects in Gurugram, Faridabad and other Haryana cities. Complaints against Haryana developers must be filed with HRERA.
RERA provides refund rights in specific circumstances — developer breach, significant delay, structural defects or misrepresentation. Voluntary cancellation may have different implications depending on your agreement. Consult a RERA lawyer before cancelling.
CRIMINAL LAW
Pre-arrest bail granted under Section 438 CrPC (BNSS) by a Sessions Court or High Court where there is reasonable apprehension of arrest. Act early — apply before FIR registration or immediately upon learning of a complaint.
Yes. The High Court under Section 482 CrPC (BNSS Section 528) can quash an FIR where allegations do not disclose a cognisable offence, the matter is civil in nature, or continuation would abuse process. Each case requires careful factual analysis.
Do not ignore it. Do not make statements to police without counsel. Preserve all documents, communications and evidence. Consult a criminal lawyer immediately — the early stage is often most consequential.
MATRIMONIAL & FAMILY
Mutual consent divorce (Section 13B HMA) — joint petition, 6-month cooling period (waivable). Contested divorce (Section 13 HMA) — one spouse must establish grounds (cruelty, desertion, adultery etc.), involves full trial.
Yes. Section 24 HMA provides interim maintenance (pendente lite) during matrimonial proceedings. Courts consider income, assets and needs of both parties.
Paramount consideration is the welfare and best interests of the child. Courts consider age, emotional bonds, home stability, educational needs and — where sufficiently mature — the child's own wishes.
CONSUMER LAW
Under Consumer Protection Act 2019: District Commission up to ₹50 lakhs; State Commission ₹50L to ₹2 crores; NCDRC above ₹2 crores.
Yes. Homebuyers are "consumers" under the Act. A developer's failure to deliver constitutes deficiency in service. Remedies are available under both RERA and the Consumer Protection Act — strategy on which forum to approach first requires careful analysis.