Hi,

RERA is implemented in all the states and so in WB also. The builder will pay same rate of interest as charged from you. The details may be found in default section of your agreement to sale purchase or builder buyer agreement.

Hi,

You may find the exact clause in default or payment section regarding rate of interest changed by  builder. The builder has agree to pay the said Rs4/- sq ft for delayed possession. You may also demand more for other things such as mental agony etc.

1. In West Bengal , Housing Industrial Regulation Act, 2017 ( HIRA) is applied. 

2. If you are aggrieved by the acts of the developer as it appears due to its failure to deliver the flat in time, you have proper remedy before the Consumer Forum wherein you can get enough damages and compensation. 

3. The stipulation mentioned in the agreement attributed to the rate of compensation is binding upon both the parties.

Feel free to contact.

The rate of compensation if not mentioned in Agreement will be decided by rera as per the Act. The penalty is 10 percent.

It is different from RERA.

As I advised above you can get compensation above the rate mentioned in the sale agreement . 

Yes RERA is implement and if project has not received OC before RERA came into force 1 May 2017 project shall come under RERA.

The rate of compensation if agreed in agreement shall be as per that along with interest. Further you can file before.consumer forum to claim compensation for mental agony.

Yes if agreed in agreement then same would be the rate of compensation.

You can approach to RERA. But it's a clear case of consumer court because it's the case if malafid service. You can file a case in consumer court and  demand for refund of money along with interest  and compensation. 

RERA is central law, HIRA is adoption of RERA by wB government.

You can seek.comoensation for mental agony from the builder through consumer court.

RERA has come into force in West Bengal 

2) if agreement t was executed prior to RERA but OC or completion certificate has not been issued registration under RERA is mandatory 

3) if there is delay in completion of project the delay has been caused by the builder with no justification that is deemed appropriate by the court, you can expect to receive a compensation of up to 10 percent of the property price. This will also override any other clause in the contract, which often includes a very minimal penalty for delay.

Hi,

As suggested previously, you may ask more compensation than that mentioned in agreement.

the provisions of RERA over ride clauses mentioned in ageeement 

You can seek compensation as per provisions of RERA in your state for delay in delivery of possession 

Yes you can seek more compensation than agreement but you need to justify the same.

When the Centre geared up to bring each and every state under the authority of the Real Estate Development and Regulatory Act 2016, West Bengal Government decided to set up its own law and enacted West Bengal Housing Industry Regulation Act (WBHIRA) 2017.

In case there is a doubt regarding the legislative value of WBHIRA as compared to RERA by the Central Government, then the Constitutional provision regarding the law-making power of the state is to be explained.

Article 254 of the Constitution states that, if any provision of the law made by the State Legislature is repugnant to any provision of a law made by the Parliament then the law made by the Parliament shall prevail. In that essence, WBHIRA has not yet received presidential consent.

In the absence of RERA rules, you may have to rely upon the sale agreement entered with the builder about the refund and percentage of deduction of the booking amount while refunding the same due to cancellation.

The latest supreme court decision in this that the builder cannot .implement one sided agreement by denying the benefits to the buyer, hence if you feel the deductions are exorbitant and unjustified you can drag the builder to the consumer forum for releif and remedy. 

I am afraid the builder may not refund the amount at the same rate what he is charging as penalty for the delayed payment.

However you can always approach legal forum for claiming your entitlement

A term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder." The Supreme Court has held that the incorporation of one-sided clauses in a builder-buyer agreement constitutes an unfair trade practice as per Section 2 (r) of the Consumer Protection Act, 1986. The bench comprising Justice UU Lalit and Justice Indu Malhotra also observed that a builder could not seek to bind a flat buyer with one-sided contractual terms.

Thus you can fight for your rights if you are meted out with injustice by the builder in this regard through consumer forum.

Dear Sir,

Only nine states (Andhra Pradesh, Bihar, Gujarat, Kerala, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Uttar Pradesh) and six Union Territories (Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, and National Capital Territory of Delhi) have notified the rules of the RERA. Most of the states have failed to notify the rules on given deadline. The Karnataka government has assured the Central government that the RERA rules will be implemented in the state within 15 days.
West Bengal is still under the process of notifying the RERA rules. You can get the latest updates on the RERA Bengal here :RERA West Bengal Information and RERA West Bengal Gazzate

1. As per the information mentioned in the present query, makes it clear that there has been delayed in your case in giving possession of the flat to you or may be delaying in future.
2. You can approach the consumer forum depending upon the amount that has been paid by you, as RERA has not been working as fast as consumer in your state.
3. For an example, if you have paid up to 20 Lakh then district forum, if more than 20 Lakh and upto 1 crore then state commission and more than that would go before the national consumer forum.
4. The amount which you would be getting a compensation for delay, would definitely be more than the amount which you have been paying to bank irrespective of the language of the agreement.