• Refund under RERA

I applied under greater Noida Authority flat draw in 2010. Got flat awarded in 2011 . Posession promised within 3 years so latest by feb 2014. Lease deed offered in 2019 feb and asked to complete by september 30 else penalty. So got lease deed done on 29 sept. Asked for delay interest in October in RERA . Court ruled out saying that since lease deed is done allotee is not eligible for interest refund . 

Please advise if I should put an appeal and under what ground

Please email : [deleted]

Thanks For your help in advance
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

Do you have any documentary evidence that possession was to be given in 3 years ? 

2) you are entitled for compensation for delay in delivery of possession by 5 years 

 

3) file appeal against impugned order before appellate tribunal 

Ajay Sethi
Advocate, Mumbai
100035 Answers
8167 Consultations

Sir file an appeal before the appellant authority since there is delay mere execution of deed cannot be reason of not granting compensation.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

File a complaint in the consumer forum. 

Regards

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

Dear querist, 

The remedy under RERA can only be seek till the time you are not allotted the flat or you are not provided the possession. In case, you are seeking the interest that can be done by filing a consumer complaint at the consumer forum seeking the compensation, interest and pendelite interest due to the mental harassment caused. That is the better recourse if  you are looking for compensation. 

You can contact me for consultation and filing the complaint on your behalf. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

Yuganshu Sharma
Advocate, Delhi
1143 Answers
4 Consultations

Appeal on ground of non payment of delayed interest or withdraw the matter and file before consumer court

Prashant Nayak
Advocate, Mumbai
34709 Answers
250 Consultations

You should file an appeal on grounds of delay in possession and the financial loss suffered as a result of it.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Bad observation by RERA. Lease deed is done under force. You are entitle to interest on delay possession + compensation. File Appeal.


Also file consumer complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

- Yes, you can go for an appeal. 

- You shall have to prove your fact with the reason why the lease deed executed. Actually while signing lease deed the statement goes that all previous matters are settled down by both the party and on the same behalf the right of ownership is moved. 

- Along-with lease deed copy does consult with Civil Lawyer known to you to guide you on this or may feel free to connect (Details are already shared at you email id). 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

When there is lease agreement means you may be getting rent or lease amount per month from builder. So you're eligible for either rent amount or interest for delay any one amount and not both.

 

I assume here the interest amount must be higher than rent amount.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can file complaint before district consumer forum.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

1. You are not clear in your query.

 

2.Understand that you have been provided with leased accommodation as per the lease deed from 29.9.2019 for the delay in giving you possession of your flat..

 

3. You can ask for interest from February 2014 till 28.9.2019 or the amount equivalent to the rent/lease amount for the said period.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

If you feel aggrieved over the decision you may prefer an appeal against the orders before RERA appellate tribunal.

You may bank upon the time taken for handing over possession which was the main cause of action for this claim and may also quote that taking possession will not mitigate the losses and sorrows.

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

1. You should not have executed lease deed.

2. As you have take the possession before filing the claim then you accepted the delay and executed the lease deed. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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