Date of completion as mentioned under RERA prevails over all other commitments. Even he commits in writing it will not bind him. it is better to presume 1/12/25 as effective date.
Irrespective of any assurance of builder
Difference in occupation date commitment from builder and RERA
I am planning to purchase a flat in an aparment (which is under construction). the project wiht RERA number "PRM/KA/RERA/1251/446/PR/131022/005317". In RERA site the completion date is mentioned as 01-Dec-2025. Whereas, Builder mentioning to me that he will finish it by April-2023 (orally). Howmuch can I trust his words? If I need to ask his commitment in document, Do I need to ask them to mention the completion date in Agreement/Sale dead? If Yes, What term we need to ask him to mention in Agreement/Sale dead? What other things I can/need to check on RERA site about this project?
Asked 3 years ago in Property Law
Religion: Hindu
6 Answers
sale deed should mention completion date as April 2023
2) check whether builder has all the approvals for commencement of project ie commencement certificate has been issued by authorities
3) check whether title is clear and marketable
The promise by builder to complete the construction by April 2023 is just an attraction towards purchasing the property.
Even if you get the builder commit to the completion in writing through a sale agreement, the date mentioned in RERA site would be the legally valid date in case you plan to take the builder to consumer court for delay and compensation. hence the builder will conveniently escape the legal liability quoting the RERA date.
Overall, you may obtain a legal opinion from a local lawyer and proceed only if recommended
Dear client, you can definitely ask him to formulate his promises into a written document.
However, if your builder will not hand over that property to you on time then you also cancel the transaction and agreement if you want.
Yes you can take the completion date in agreement from builder
Do not merely rely upon the builders' oral assurance alone. Insist on a written commitment. Check if any specific deadlines are stipulated in the documents filed by the builder with the RERA authority.
