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
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
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
Sir file an appeal before the appellant authority since there is delay mere execution of deed cannot be reason of not granting compensation.
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
Appeal on ground of non payment of delayed interest or withdraw the matter and file before consumer court
You should file an appeal on grounds of delay in possession and the financial loss suffered as a result of it.
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.
- 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
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.
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.
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.