• Can one file complaint with RERA after taking possession/registration of property

I was allotted a flat in Nov 2012 to be constructed in 28 months. The cost was 42 L which was funded by taking partial bank loan. All the payments were made in time. The flat was to be ready by mid of 2015. However, the flat construction was delayed. Thereafter, the developer which is State Housing Development board asked for escalated cost of 5.5L towards the total cost in Mar 2018. I paid another 10.5L towards escalated cost/GST/Parking Fees/Soceity charges. Now all payments are made and it is ready for registration. I want the housing board to pay interest for the period of delay of approx. 3 years as per RERA act section 18. 
Can I file a complaint against the State Housing Development board with RERA after getting registration done/taking possession of the house? Will getting registration process completed/taking possession of the house disqualify me in any way from making the complaint with RERA?
Asked 4 years ago in Property Law
Religion: Hindu

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21 Answers

Hi, a allotte can still seek monthly compensation for delay , while retaining the flat ..The RERA provisions entitle you to seek monthly compensation for the duration of delay .. It will not effect your ownership over the flat .. You can contact me for further doubts and assistance..Thank you

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

There is no specific time frame provided in the RERA, for filing a complaint.

Complainants under RERA, will require to comply with the time periods for initiating proceedings, as prescribed in the Limitation Act, 1963.

So, so can file a complaint after taking possession and registry of the flat, but you cannot afford to be too complecent about it and should file it right after the registry is done.

For any other doubts, feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Dear Client,

You are free to file complaint with RERA. but make sure, if it registered with RERA or not as in many cities, HB has not registered their projects with RERA,

Next remedy available under consumer dispute redress commission for refund and compensation.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file complaint with RERA after entering into registered sale deed

2) however you should not take possession of flat until OC is issued

3) you must file claim with RERA claiming interest for period of 3 years for delay in delivery of possession of flat by the builder

4) RERA will not entertain your complaint after you have taken possession of flat

Ajay Sethi
Advocate, Mumbai
87891 Answers
6207 Consultations

5.0 on 5.0

It is advisable to file the complaint with RERA before taking the possession of the house as it would not be permissible after that. though getting the sale deed registered is no bar in filling the complaint. further, compensation for the delay of 3 years can be sought along with interest in the said complaint.

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 Consultations

5.0 on 5.0

1. If you have taken possession means the building is issued OC

2. Rera applies only to projects for which OC is not issued

3. You have already made the payment to SHB.

4. If you wanted to seek interest for delayed possession then you should have made payment and taken possession without prejudice to your right to claim interest

5. I will not suggest any suit since the cost of suit will prove to be greater than the interest you want to claim

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Even though you have completed the registration process and taken delivery of the flat, you would still be entitled for delay compensation under RERA. So you could go ahead and file the complaint with the RERA authority against the State Housing Development Board.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

If your flat registered under RERA as ongoing project by your developer , you have every right to make complaint. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

hello,

yes, you can file a case before the RERA for the escalated costs. your registration cannot be cancelled because you stand up for your rights as that itself is illegal and hence cannot be made a ground for deregistration.

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

Sir if the project is under RERA you can file a complaint even after registration of sale deed.

further you can alternatively seek compensation under consumer protection act with the consumer court.

further the possession of flat should be taken after OC is received. RERA is not applicable on project which received OC before 1 May 2017 otherwise after that it will come into preview of RERA.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello

Yes you can file a complaint against the builder even after taking the possession and claim compensation for the delay in the project that has been made by the builder.

Get in touch with a local lawyer who may help you with the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

There is no such prejudice..You can file for compensation even after taking the posession

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

No you do not loose your right to complaint. you can take possession in usual course when OC is given and can issue the builder with a legal notice at time of possession to pay compensation and interest for the delay of the three years.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is my response to you:

1. You can make a complaint to RERA for any issue related to the sale or the building or the builder's activities even after taking possession of the flat;

2. If the builder has sold you the parking space, then that itself is illegal;

3. If the developer has been faulty in his duties you can approach RERA immediately;

4. Your complaint will be entertained by the authorities.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Firslty, sir you can very well file the complain to the RERA with regard to the delay of work, and can ask for the interest also.

Secondly, I am saying it differently because theee has been a presumption in law to act before it become infuctous. But, in your case you are only asking for the interest for lost which you have suffered due to delay.

Thirdly, first send a legal notice to the builder after taking the possession then a complain to the RERA.

Fourthly, then wait for 15 days and file a case there for the same.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

builder would not deliver possession of flat to you if you reserve right to lodge claim for delay in delivery of possession

2) RERA does not entertain claim by flat purchasers after possession has been taken by flat purchasers

Ajay Sethi
Advocate, Mumbai
87891 Answers
6207 Consultations

5.0 on 5.0

As i have stated in my previous post too, you can file a complaint subsequent totaking possession and registry of the flat and RERA would definitely admit your complaint.

You should also send a legal notice to the builder after taking possession for pay you the interest with damages for delay in possession caused by his actions, after which you can file a complaint if he fails to repay the notice amount.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

You can approach rera if Occupation certificate is not issued for your building

As informed rera will only entertain complaints for projects for which no OC is received

In your case if you are being offered possession then it means that OC is received

So you need to check whether possession is offered to you alongwith OC

If possession is being offered without OC, then you can approach rera

However you can file a consumer complaint against the builder. For that its immaterial whether OC is received or not

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

You can take possession and also the registration of property with an objection and for this you should have demanded the penal interest as per the sale agreement conditions for the delay in completion of construction and the delivery of possession.

After that if the builder is not meeting the demand for the penal interest you can drag him to the consumer forum for the delay if the RERA is not effective

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

You can make a demand for the penal interest for the delay in completion of construction and accept possession with objection.

Thereby your rights will not be hampered.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Right to complain is statutory right which cannot be taken away by mere taking possession.

Taking possession dose not be inferred as acceptance of deficiency in promised facilities.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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