• RERA

I had asked question 4 months back on delay by builder.i would like to know if I can pursue a RERA case against the builder only if I can win it
Asked 2 years ago in Property Law
Religion: Hindu

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16 Answers

you can pursue case against builder in RERA irrespective of results of litigation

Ajay Sethi
Advocate, Mumbai
79737 Answers
4810 Consultations

5.0 on 5.0

Delay in giving possession by builder - valid ground to complain RERA and consumer complain for compensation.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

1)only after OC is issued can possession be handed over by builder to you

2) registered sale deed can be executed by builder

3) it is in your interest to agree with builder request for registration sale deed at the earliest

Ajay Sethi
Advocate, Mumbai
79737 Answers
4810 Consultations

5.0 on 5.0

Send them a legal notice and seek compensation in lieu of the delay that has been caused in handing over physical possession of this flat to you.

The builder is liable to compensate you for the above delay at the same rate of interest which he was levying from the allottees in case of delay in payment of instalments.

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

Approach RERA if the legal notice fails to be of any help.

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

1. your question is like putting a knife on the lawyer's neck. When you go to a doctor do you tell him that you will agree for the medical treatment only if your disease will be cured?? how can one expect to answer with absolute certainty that one will win the case ??

2. anyway coming to your query - check your agreement for a defect liability clause - write a letter to builder pointing out the various defects in the flat allotted to you - if builder does not respond or if he does a shoddy work then you can approach RERA - you can take the photographs of the work done and submit it to the Tribunal - invoke the defect liability clause and seek direction from RERA to builder to do quality work

3. for delay in handover of possession - you can claim compensation with interest and penalty - RERA allows that in majority of the cases - unless the builder comes up with some justifiable cause due to which he was prevented from handing over possession on stipulated date

Yusuf Rampurawala
Advocate, Mumbai
5806 Answers
36 Consultations

5.0 on 5.0

1. You may approach both RERA and consumer court for claiming the damages.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Mam file a consumer complaint your case shall better fit there for deficiency in services and the malpractice by the builder.

First send a legal notice to the builder asking damages and compensation and change in low quality of fittings, if the builder does not respond then that case file a consumer complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Further in consumer complaint the compensation for delay mental harassment and the legal charges can be claimed from the builder.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

There is no clear chance of winning the case as the Builder must have registered the project with rera with extended date which has been extended by rera and now valid.

Instead I will advise you to file a case against builder on the basis of builder buyer agreement in state consumer dispute redressal Commission for the interest during the period of non delivery of the project compensation for loss of interest and your EMI and mental agony along with the legal charges this will take less time and could be more effective

Vimlesh Prasad Mishra
Advocate, Lucknow
6793 Answers
23 Consultations

4.9 on 5.0

As at the time of booking rera was not applicable, you cannot approach Rera. But you can approach consumer court.

Abhilasha Wanmali
Advocate, Nagpur
970 Answers
1 Consultation

4.8 on 5.0

Hi, if there is a delay in posession by the builder , then it is 100 percent straight forward case in which RERA will pass a order in favour of the allotee .. The allotte can ask either of entire refund along with interest or the monthly compensation for the delayed period if he wants to retain the flat

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

had asked question 4 months back on delay by builder.i would like to know if I can pursue a RERA case against the builder only if I can win it

RERA has taken steps to not only make the promoter accountable but also make them pay compensation and penalty in cases of default of any provision of the rules. The enforcement of these could still be a question unanswered and will depend on the state RA to get them implemented.

T Kalaiselvan
Advocate, Vellore
69776 Answers
953 Consultations

5.0 on 5.0

In Nov 2013, I got into agreement and they would deliver within 2.5 yrs.the fittings n fixture as shown in the phase 1 are superior Vs phase 2 in which I booked. I have taken a loan of 65 lacs n have been paying heavy emi and I now seem to be at a loss from all sides by having to accept this property.the agreement the builder made me sign was one sided with a promise that they will deliver before timeline and with better qlty. They called me for prepossession in May 17 but the snag points have not been fixed to my satisfaction till date n just want me to register.am a lone woman in Bangalore trying to deal with these guys.appreciate help n guidance

In case the builder defaults and delays the possession of the property as per the 'agreement of sale', the buyer has the right to claim the refund of the amount paid along with interest. Even in the case, the promoter's registration is cancelled, the buyer will have the right to a refund.

And, in case the buyer does not want to withdraw from the project and do not want a refund, the promoter has to pay interest for every month of delay, till the handing over of the possession. Even though these could be an existing practice but taken together with the option for a refund amount under the aegis of a regulator, the delay process could be curtailed to a large extent.

Any delay in possession will lead to raising a grievance with the state RA. "The grant of compensation is through an adjudication process involving the regulatory authority and an adjudicating officer who will be appointed by the state government, hence, it will be decided on a case by case basis

Even though the rules are in place, the state RA's are expected to keep a strict vigil on their implementation and take suo moto action (under section 5 of the RERA Act, they can do so) against builders doing any unfair practice or not adhering to the provisions of the Act. May not the homebuyer suffer anymore by running around and be at the mercy of the builders.

T Kalaiselvan
Advocate, Vellore
69776 Answers
953 Consultations

5.0 on 5.0

Yes you can file a suit against the builder and you may win.

Sudhindra Bhat
Advocate, Bangalore
51 Answers

Not rated

Hi,

You may proceed under RERA. The winning or loosing of case depends on facts and circumstances of the case. Here you have more chances of winning.

Ganesh Singh
Advocate, New Delhi
6542 Answers
13 Consultations

4.5 on 5.0

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