Regarding possession date of flat
Hi,
Background:
I purchased a flat in Pune on 23 March, 2016( Sale Agreement executed). At the time of agreement of sale and before , builder promised to give me possession on October,2016 (,for which I have an audio record evidence)but he mentioned the possession date of December 2016, "for furniture and fitouts", in the sale agreement. And he further mentioned in agreement of sale that :"it is specifically understood between the parties hereunto that on the purchaser fulfilling his part of the agreement, the said possession shall be confirmed on receipt of the completion certificate from the local authority". I pursued builder several times asking possession and completion date of the project on email and phone but there was no reply from him but orally he said the delay was due to demonetization and lack of material and labour supply. When he registered his project with MahaRERA where he gave proposed completion date as 31 Dec, 2016 and revised completion date as 30 June ,2018 , I collected all his information and filed complain with MahaRERA and sought compensation for delay in possession of the flat in terms of interest on all the amount paid by me to builder till I get the possession. While hearing when MahaRERA chairman asked builder about possession, he simply said as per agreement possession on December 2016 was only for furniture and fitouts and possession would be given upon receiving completion certificate from the local authority. This way RERA judgement went in builder's favor.
Query:
If we consider MahaRERA judgement and look at the agreement of sale again, the date of possession of the flat is not specified. It is a conditional possession which says upon receiving completion certificate, possession will be confirmed. As per MOFA act 1963, the exact date of possession should be disclosed in the agreement of sale, which makes this deal invalid now. Also I have recorded builder and his partners statement where they made me believe that December 2016 was my date of possession of the flat. Till July 2016, 95% of the flat cost has been given to the builder and 5% is still pending. I'm thinking to challenge the RERA order in high court.
Few Questions:
1. Which is the correct forum/court , I should challenge/file the case in ?
2. As MahaRERA order came on 15 December, 2017, in how many days(30 or 90 working days) I should challenge the case ?
3. Will the audio records (where builder commited to give possession on Diwali/October 2016) and email followups, be considered as a substantial evidence during hearing of the case? Also please note that in the audio records, promise/commitment was made by his partner's husband ( who also decided rate at which flat would be sold , for which I have a recording too) in the presence of the builder.
4. What are my chances of winning the case ?
5. What are the key points which will make my case strong enough ?
Please advise what are my legal options.Thanks, Ranjit Pandey
Asked 8 years ago in Property Law
Religion: Hindu
