you can seek refund if builder has failed to deliver possession within period of 3 years
2) if builder fails to refund file complaint against builder before RERA andseek refund of your money with interest
Does RERA cover delay in obtaining OC?
Hi, i have purchased a flat in Bhiwadi area of Rajasthan. The builder delayed the flat to almost 5 years. I have paid the full due amount to the builder on time. However, now that registration is pending I am waiting for him to apply and show me copies of OC and CC. Builder is asking me to wait for the same and says registration should be done before it else he is asking for holding charges. I want to apply for RERA and get refund of my money since its already delayed and dont want illegal property in my name. Can you please suggest
Asked 7 years ago in Property Law
Religion: Hindu
11 Answers
Hello,
Yes you can approach RERA and claim the refund and also you may claim the charges for the delay that has been caused. The reason will be delay in construction and delay in obtaining the CC.
Regards
1) Yes, you can file complaints in RERA and Consumer Forum of your city as well.
Since the project is heavily delayed and till date the builder has not been able to obtain OC and CC, you're entitled to a full refund of money that you have paid to him in terms of section 18 and 19(4 ) of the RERA.
Do not hesitate to get in touch, in case you have further queries.
You can approach RERA and vent out your grievances in the form of a complaint seeking remedy and relief of refund due to builder's delay and careless attitude.
You should insist on the reasons attributable due to builder's fault alone so that you will get full refund.
You may approach district consumer forum, file a complaint under deficiency of service and claim refund along with interest and compensation.
Sir you need to file a RERA complaint with RERA authority seeking refund of amount you paid along with compensation and interest as builder has used.your amount for five year and more.and.failed.to.give.you possession so on this much delay you are entitled to.refund along interest and compensation.
Alternatively to RERA authority you can approach the consumer court with same relief so you can choose either of remedy.
You can approach Rera for delay and claim refund with interest
Builder is obligated to register agreement on accepting not more than 10% of sale price
Tell builder you don't want to register agreement as you wish to withdraw from project due to the delay and ask him to refund your money
If he doesn't reply then file complaint with Rera
Yes if the said things cause delay in possession then it can be recovered from rera
Dear Client,
Under construction projects are required to register with RERA. If construction not complete before 2016 than must to be register with RERA. You can complain to RERA.
You can also seek compensation for delayed completion of project and NO OC CC. No holding charge payable, give him in return to show if OC CC obtained or not before execution of sale deed.
A case must be filed in the rera tribunal immediately against the builder fir delaying the project and damages also. You can also file criminal charges against him too.
Regards
