• What is the legal value of a pre-RERA home agreement after RERA?

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?
Asked 5 years ago in Property Law
Religion: Hindu

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14 Answers

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

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 

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

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.

Seshukumar Kuchibhotla
Advocate, Hyderabad
57 Answers

5.0 on 5.0

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

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

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.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

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.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

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,

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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.

Prashant Nayak
Advocate, Mumbai
31805 Answers
175 Consultations

4.1 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makesnt clear that you have an apprehension that the builder may delay the project, and you wish to claim compensation for the delay.
  2. Yes, you am approach either of the two. You will surely get relief what has been sought by you.
  3. If you happen to approach RERA then there may be preliminary objection for you to show the recent agreement in which it says March 2019, though would be tackled even if you that the builder has not given that despite of several requests.
  4. And in state consumer forum, filing procedure is little easy in comparison to RERA (objection would come here also), but both are giving speedy results now.
  5. So, you decide the performance of either of the two in your state and go accordingly.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

You can approach RERA for compensation if the builder is not agreeing to pay the same for the period of delay.

Exhaust the remedies with RERA and then you may plan to approach consumer  forum if your grievances are not redressed.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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