• RERA

I booked a flatfrom renowned builder at Bangalore in Dec 2016. The dt of completion as per agreement is dec2017 with 6 months grace period. Meanwhile while registering for RERA they hv registered the completion 1st as April 2019. He did not do fresh agreement with us as per RERA. Now he is saying he will compensate for delay as per old agreement and not as per RERA, as as per RERA the 1st of completion is only April 2018. Can he register in RERA with a different dt of completion?.
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

you can sue the builder and claim compensation for delay in delivery

2)if as per your agreement with grace period date of delivery is June 2018 you are entitled to interest for delay in delivery of possession by the builder as per terms of agreement signed with you

3) you can in alternative cancel your agreement and seek refund from builder

Ajay Sethi
Advocate, Mumbai
94723 Answers
7534 Consultations

5.0 on 5.0

Hi, he is bound by the completion date which he has promised and assured during signing of BBA ...You can seek compensation for the monthly delayed period till posession with a interest of 10percent from RERA

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Hello,

No he can not.

If he is doing the same then you may go ahead and file a complaint against the builder before RERA.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

His action is wrong. You can immediately resolve the issue if you file complaint with RERA. Its judgments and procedure is as follows.

=========================================================

RERA

List of judgement by RERA KARNATAKA

https://rera.karnataka.gov.in/getComplaintDetailsHomePage

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. Yes he can, but in that case he will have to enter into separate agreement. Also, he will have to pay compensation as per the date that has been mentioned in your agreement.

2. You file a case before RERA and claim compensation as per the earlier agreement.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear Client,

developers are required to pay 10% interest to the buyers on the invested amount as against the Rs 5 to Rs 10 per sq feet penalty contracted in the sales agreement

Still. In this case you are entitle to refund with interest or developers are required to pay 10% interest to the buyers on the invested amount as against the Rs 5 to Rs 10 per sq feet penalty contracted in the sales agreement.

Complain to RERA.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Hi, he is legally bound to compensate you as per the terms of the BBA ,posession date of 2017 will be taken into consideration for passing the compensation

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. Even if builder has informed a different date on RERA website for handover of possession, he is still bound by the date of completion mentioned in the registered agreement with buyer - this proposition is in accordance with s.18 of RERA which says that builder has to handover possession on the date specified in 'agreement'

2. secondly builder has to compensate you for the delay in handing over possession as per the provisions of RERA and not as per the agreement - because the provisions of RERA for purpose of award of compensation for delay in handover of possession overrides what has been stated in the agreement in that behalf

3. so ask this renowned builder not to act smart and strictly comply with RERA rules

4. the interest you will get is SBI Highest rate of lending rate + 2% (this interest will have to be paid not only on the sale price but also on all the amounts so far paid by you including stamp duty, registration fee, GST, etc)

5. you can also claim compensation in addition to interest provided you can show to RERA Tribunal what loss or prejudice you suffered due to the delay

Yusuf Rampurawala
Advocate, Mumbai
7512 Answers
79 Consultations

5.0 on 5.0

1)date of the sale agreement will be final.

2) many builders have registered projects with RERA by mentioning different completion date than mentioned in sale deed

3) in such a case you can file complaint before RERA and seek compensation for delay in delivery of possession from the builder

Ajay Sethi
Advocate, Mumbai
94723 Answers
7534 Consultations

5.0 on 5.0

Dear Sir,

If you ask the developer his answers are in affirmative and he supports his contention. But now there is an authority to give a finding on your questions called RERA. It will here both the sides and give findings. But be sure that no developer wish to fight before the RERA. The moment you file complaint before RERA he will come to your feet and compromise. As of academic interest I answer your questions as follows, as I do not know more details and contentions of the other side. Please be informed that my answers would be one sided without hearing the defense of developer.

1. Whether he can register a different dt of completion with RERA when he has agreed for dec 2017 as dt of completion with us in our agreement.

Ans: Normally the answer is big NO.

2. Bse he has registered April 2019 as dt of completion with RERA , as per that there is still time for completion, no delay to be paid.

Ans: You must raise objection before the RERA other wise RERA ins not knowing about the agreements executed by the developer in your favor.

3. But he is ready to pay penalty as per old agreement entered with us which is only meagre.

Ans: It is eye washing and to see that you should not rasie any voice .

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Sir you can file a complaint with the RERA authority if there is already agreement then he cannot change the date in the RERA registration. File a complaint before the RERA authority and claim compensation from 2017. Alternatively you also have remedy under the Consumer Protection act and a consumer complaint can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. The discrepancy can be challenged before the RERA authority and compensation can be claimed.

2. But in agreement he agreed for possession in 2017 and agreement will be binding on builder.

3. You can try file before authority to claim more compensation.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you have grievances on it and the builder is not giving proper answer or not responding to your queries in this regard, you may prefer a complaint with RERA on this and seek its intervention for relief sought/desired.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

1. He wouid have suppressed the fact while registering it with RERA, you can vent your grievances to RERA based on the agreement held in your possession.

3. You can take the penalty if he is ready to pay it as per the agreement entered with you.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

Registering with a different date with is not an illegal act per se. But since he committed you that he'll handover poss in dec 2017, he cannot deviate from that.

Hence, this is a good case to be taken in RERA and seek compensation at the rate prescribed by Karnataka RERA.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

He can't pay you the paltry compensation as may have been mentioned in the agreement he signed with you.

Compensation for delay has to be paid at the rates [prescribed by RERA.

send him a legal notice and approach RERA if the need arises.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

The delay in possession of their homes has been the biggest concern for the buyers of the real estate properties. For many of the homebuyers, across locations and with almost the builders, the delay has extended to almost six years or more now, with no possession in sight. In the absence of a regulator and with no rules in place, the builder-buyer battle appeared one-sided.

Now, the real estate sector has got its own regulator from May 1, 2017, the date when the Real Estate (Regulation and Development) Act, 2016 (RERA) became effective in the entire country. Each state and UT will have its own Regulatory Authority (RA) which will frame regulations and rules according to the Act.

How much of interest rate

Many states fixed the rate of interest payable by the promoter to the allottee or by the allottee to the promoter, as the State Bank of India highest Marginal Cost of Lending Rate plus two percent.

The interest percentage and the compensation amount (to be mentioned in the agreement of sale at the time of booking) in the case of any default could differ state-wise.

For further details do call me

Koushalya Pattan
Advocate, Bangalore
174 Answers

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