• Delay in RERA registered project and Builder Buyer Agreement

I invested in an under-construction property in Gurgaon, Haryana in Feb 2015. I got the Builder Buyer Agreement (BBA) signed in Aug 2015, in which possession date was mentioned as 4 years from date of execution of agreement and six months grace period. This comes out to 28 Feb 2020.

Now in August 2017, project got registered with Haryana RERA(HRERA). As per declaration with HRERA builder has mentioned completion date for project as 20 Feb 2020.

Now the builder has delayed project a lot such that it’s impossible to complete it by Feb 2020. It has given no reason for delay and neither there are any ‘Force Majeure’ conditions, as they communicated that work will restart soon.

I have following queries-

1.	Do I need to sign an ‘Agreement of Sale’ under HRERA or BBA is sufficient? I have sent multiple reminders to builder asking them if this Agreement of Sale needs to be done or any other formality to be compliant with HRERA, but no response.

2.	Since project is under delay, it cannot be completed by Feb’2020. Is there a way I can get full refund with interest now or do I need to wait till Feb 2020? Is BBA sufficient in RERA authority to seek refund?

3.	There are some doubts on financial condition of builder too; can this be a basis to seek refund clubbed with point#2 under RERA?

Kindly guide, Thank You in advance!
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

Hello sir,if the project has been delayed and the construction work is being delayed as per the BBA , then you can seek refund alongwith compensation ...Under RERA provisions a allotte in case of delay of project can seek entire refund of amount,or monthly compensation till the project is completed ...You can contact me for further assistance with RERA , at my office in GURGAON

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Firslty, the agreement called BBA is also termed as agreement to sale subject to the conditions put therein.

Secondly, yes, you should initially file an online complian to the RERA website and wait for 15 days.

Thirdly, if no response then file a written complain in the prescribed manner/format.

Fourhtly, after they will surely entertain your complain and would get all the relief expected by them.

Rest, if you want you can have a detail talk as well as detail analysis of your agreement as to whether it is like Agreement to sell or not, and also to give you the format for the same.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1)You better go with Agreement of Sale" instead of BBA.

2) Better you wait Feb 2020, Now if you quit than it will be charged 10% cancellation charges.

3) Check the BBA clauses or better to make agreement otfsale.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Sir the builder buyer agreement is same as the sale agreement no separate agreement for the sale is required under RERA.

Wait till the time given under the agreement if in time it is not completed you can seek compensation for delay by complaining with the RERA authority or filing with consumer court. See since there is no cause of action there is still time so it is better to wait and then go for legal remedy and can seek refund and compensation. Now you cannot get the refund as still there is no cause of action there is still time under the agreement.

3. Yes if any malpractice then you can complaint before RERA authority and can seek relief of refund of total amount

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) agreement for sale under BBA is sufficient

2) agreement is sufficient to obtain refund from builder

3) wait till February 2020

4) if builder fails to complete construction within period stipulated in agreement then cancel agreement and seek refund of money with interest

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. Do I need to sign an ‘Agreement of Sale’ under HRERA or BBA is sufficient? I have sent multiple reminders to builder asking them if this Agreement of Sale needs to be done or any other formality to be compliant with HRERA, but no response.

Answer: For now BBA is enough. After the builder procures the CC and OC then only you can execute the 'Agreement for Sale';

2. Since project is under delay, it cannot be completed by Feb’2020. Is there a way I can get full refund with interest now or do I need to wait till Feb 2020? Is BBA sufficient in RERA authority to seek refund?

Answer: Since it is registered with RERA, then full refund is not possible. The builder will forfeit certain percentage from it. But if according to the BBA the builder has stated that full refund will be made then you can approach him likewise;

3. There are some doubts on financial condition of builder too; can this be a basis to seek refund clubbed with point#2 under RERA?

Answer: The financial condition of builder is not for your to ascertain. You must check your allotment letter and the BBA if there is clause for refund, if yes, then what is it?

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. Since there is o provision in law for tht you may have to approach the RERA authorities in person to enquire about the same

2. You can communicate your decision to cancel the booking and seek refund of the booking citing the inordinate delay in completion of the project.

3. Your guesses do not have any answer to legal issues.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

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