Dear Sir,
You can raise a issue with the builder that he is liable for compensation for the delay as he has taken decision unilaterally and registered with RERA saying that possession will be by the end of March 2019.
Hi, I had registered with a property in Harlur, Bangalore. According to the agreement that I signed in March 2014 the date of possession of the property was Dec 2017 with a buffer period of 6 months. However because RERA came into act and the builder registered the property under RERA the new date of possession under RERA was March 2019. However I have not been presented with the new agreement nor have I signed on any document having the new possession date under RERA. Given the above, what is my legal standing under RERA for asking for delay compensation if the builder has not given the possession of the property as on March 2019. Should I approach RERA or consumer court?
Dear Sir,
You can raise a issue with the builder that he is liable for compensation for the delay as he has taken decision unilaterally and registered with RERA saying that possession will be by the end of March 2019.
1) First you take your agreement from builder and check the completion of project and when you will be getting possession.
2) As of now how much project is completed accordingly to flow plan of project.
3) After getting details of all than you take decision according to new project completion and make complaint in the RERA.
builder was bound to deliver possession of flat to you By June 2018 .
2)since builder failed to deliver possession you are entitled to compensation for delay in delivery of possession
3) you can file complaint against builder before RERA or consumer forum and seek compensation for delay in delivery of possession
1. you must have signed an allotment letter or booking form in which the possession date as originally promised by builder must be mentioned
2. that allotment letter/booking form constitutes an agreement between builder and flat buyer
3. using that you can approach RERA and ask for interest and compensation from the promised date of possession as stated in allotment letter
4. the possession date mentioned on website by builder at time of registering his project with RERA will not be applicable to you
5. RERA is faster than consumer forum
If the project is registered with Rera, then even if the project may be of pre Rera, it will still come under Rera
So you can directly approach Rera
A builder by registering his project with Rera, no matter if the project was pre or post Rera, submits himself to Rera jurisdiction
RERA Act established Real Estate Regulatory Authority for filing of complaints against the Builder/Promoter for any violations made by him.So,as a allottee you can approach the authority or adjudicating officer for filing a complaint against the builder.
Dear Sir,
- There is no such special clause mentioned in RERA for pre or post. Builder is liable to provide the services and deliverable as per agreement
- All properties not delivered needs to be registered under RERA Act to avoid penalty and other punishments
- Advisable to submit the complaint to respective RERA (in your case it shall be KRERA) seeking compensation along with agreement copy.
Regards
Vivek Arya
Under RERA if the promoter fails to complete or unable to give possession of an apartment etc. by the date specified in the agreement , he shall be liable on demand of the allotee, in case the allotee wishes to withdraw from the project, without prejudice to any other remedy available, to return the amount received by him in respect of that apartment, with the interest at such rate as may be prescribed in this behalf ( normally bank lending rate + 2% ) including compensation in the manner provided in the act.
Provided that where an alottee does not intended to withdraw from the project, he shall be paid , by the promoter , interest for every month of delay , till the handing over of the possession, at such rate as may be prescribed.
Pre Rera agreement is as valid as the normal agreement during the the enforcement of rera.
Any project which has not been completed at the time rera come into force it is must for the Builder to get that project registered with rera and he has to provide of the detail for the registration of the project in real estate regulator so that any complaint should be endorsed to the regulator for decision.
Dear Client,
You must executed agreement to sell in which there must be completion date. You can complain to RERA for refund or compensation as you have not agreed to extension date,
As far as your case is there in same the date as per agreement shall be considered not as per RERA you can approach consumer court seeking relief now also.
The date of sale agreement is binding on the builder to give possession and not the date of rera declaration. The date with rera is maximum cutoff date. The builder will incur penalties if he deliver after the date mentioned in sale Agreement.
You would only be governed by the element which was executed between you and the builder in the year 2014.
The new possession date would not be applicable to you since you have not signed any document for the same.
The date of possession as per the agreement should be June 2018, and as the same was not done you can file a complaint against the builder in RERA or consumer court seeking refund along with interest, compensation and litigation charges due to the deficiency in services part of the builder by not giving the possession of your property on time.