I have booked in Jan 2016, a flat (under construction) with builder (Cubatic Shimul - Aloha) that was promised to be delivered and handed over in Jun 2017. Builder declined to include specific penalty terms in the agreement papers. He did not even issued any letter of undertaking for specific compensation in the case of delay in project, with just verbal assurance that he will deliver the project on time and will compensate appropriately in case of any default. Though the project is nearing completion now, but sluggish progress to finish trailing work due to what he says the financial crunching situation, renders the situation quite awkward. I have emailed to Company and even handed over in person my request demanding Rental Compensation, but he never responded in writing what he acknowledges verbally - saying that requested rental compensation will be adjusted towards final disbursement of payment at the time of registration. Now, I am expecting the completion of project in next 1-2 months and the time of registration, I am speculating what if Builder do not agree in rental compensation he is promising or try dodging the situation differently. I know that builder is liable to pay the compensation but not sure what legal pat need to be adapted in my favor to avoid any adverse situation at the time of registration / possession. To our better luck, Builder have registered this project with RERA as well . Please suggest best legal protection for the rental compensation I have requested from builder on many ocassions
See best legal remedy in this case would be that you file a RERA complaint before the RERA authority seeking compensation for the dealy. The authority will grant you compensation along interest. Since there is no agreed compensation you will get same according to the RERA act.
That will be around 10% interest to the buyers on the invested amount.
Dear Client,
For interest on delay in possession, you can approach and for rent & compensation - consumer court.
And every project over 500 meters , mandatory registration. with RERA.
1. there is no provision in RERA to claim rent from builder if he delays in handover possession
2. but you can claim interest u/s18 from builder for delayed possession
3. under RERA the max interest that is awarded to allottee for delayed possession is SBI Highest Marginal Lending Rate + 2% which comes to about 10% approx
4. this interest should be ideally awarded to you from the promised date of possession till actual handover with OC
5. if what the builder has admitted in his email to you is higher than the max interest as above which can be awarded, then you can press for the interest at admitted rate
6. you can do so by filing a RERA complaint
7. you can file the complaint even if your agreement is registered
8. when builder offers you possession with OC, you can refuse to accept possession unless builder pays you the interest or compensation as agreed and admitted by him
9. even if you accept possession, you can still claim interest for delayed possession
Can i (my self an ordinary person without legal knowledge / license) file RERA complaint even when the Agreement of Sale is not registered
Non registration of sale agreement, default on part of builder. You yourself can complain to RERA.
Yes you can file a RERA complaint without legal help but it would be better if you take some legal help. Even not registered notarised agreement will do.
File complaint against builder before consumer forum and seek orders to direct builder to pay you compensation for delay in delivery of possession
Ask this builder to start compensating you now, for each month's delay, and continue doing this until the time he legally handovers you the physical possession of your flat.
Do the above, by means of an e-mail.
If do no hear back from the builder, issue him a legal notice. If he fails to turn up despite the legal notice, immediately approach RERA and file a complaint.
The above is the best recourse for you.
Yes, you can still approach RERA. It is advisable that you take help of a lawyer who is aware with the provisions and stipulations contained in the Real Estate Act, 2016.
You can appear in person
Section 18 doesn't say that the agreement has to be registered
So if construed liberally, even an allotment letter or unregistered agreement will be considered as agreement
This is further reinforced when builder himself has mailed you offering rental compensation
No builder would agree for this if there wasn't an agreement between him and his buyer
you can file a case of cheating and misappropriation on the directors of the developer in person in the criminal court.
Rera is a time taking action and you will get justice after a long time.
If the builder is not coming forward to settle the penalty for the period of delay in completion of construction as per oral assurance, you may first create a record in writing about it by sending a demand notice in writing by registered post.
Let him pay the amount or deny the same in writing.
You can approach RERA for compensation as per its guidelines and Rules for the failure of buider in this regard.
Yes, you can approach RERA as a party in person for the relief and remedy.
Dear Sir
The recent teen is whenever you file complaint before R E R A then be assured the builder come and compromise because of his reputation
