You have to wait for disposal of your case before RERA
make application before RERA seeking expedited hearing as you are senior citizen
Delayed possession
I am a Senior citizen, aged 69 years. I have lung functioning disorder and on oxygen support almost 24x7. Booked an apartment/flat at Senior living project: A retirement Community at Dist. Pune. Lease agreement registered on 31.08.2018. Possession date as per agreement was on or before 31st December 2019. Till date possession is not given by developer. 70% construction is completed. Paid 70% of total cost including advance maintenance for 15 years as per the agreement. Three extensions granted by MahaRERA 30.9.2020, 31.3.2022 and 4.9.2022. no action by MahaRERA against developer. Individual complaint filed with MahaRERA on 9.5.2022 for early possession, delayed possession compensation, interest on paid amount, penalty, cost of litigation. 1st hearing was on 17 Oct 2022 thereafter no hearing till date. Requested MahaRERA by email to take up my complaint at the earliest on 27.3.2024. No response till date. Written grievance to PM of India on the portal and by R AD on 1.3.2023, which was forward to Govt Maharashtra, no action and file closed. Written grievance to CM and Dy CM Maharashtra, no response. Lodged a police complaint along with few members at local police station on 6.3.2023, no action/response. Living on rent @ 18k from Dec 2020 till date and not know still how long. Association of Purchaser made on 27 March 2023. Consent deed signed between developer and association on 19.6.2023 possession date agreed was 21.6.2024. Complaint registered by association with MahaRERA on 24.5.2023 to declare the project as Lapsed project as last extension expired in Sept 2022.
Asked 1 year ago in Property Law
Religion: Hindu
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5 Answers
- As per the RERA Act, if the Developer/builder is delaying in construction & delay in possession, then the builder will have to pay 10% interest on the value of the property for delayed possession of flats.
- Hence, if builder fails to delivers the possession of the flat to you on time, then you can cancel the agreement due to his fault and you are liable to get full refund of paid amount with 10 percent interest.
- Further, if you get the possession of the said flat lately, then also you can claim 10% compensation from the builder.
- Since, you have already filed the complaint before the RERA , then RERA is bound to take legal action against the developer
- You can move an application before the said MahaRERA for early disposal of the complaint , and if that application dismissed then you can approach the RERA Appellate Tribunal to pass the order within a fixed time frame.
- Further, you can also file a complaint before the Consumer Forum as well for speedy trial , and can claim compensation for mental harassment caused due to delay.
Dear client,
You need to keep on sending reminders through email and registered mail to MahaRERA, referencing your prior communications and stressing the urgency due to your medical condition and financial strain. Additionally, visit the MahaRERA office in person or appoint a representative to do so on your behalf to obtain a direct response. Write directly to the head of MahaRERA, outlining the delays and lack of response, and request immediate intervention.
If this problem impacts several buyers, think about submitting a Public Interest Litigation in the High Court, asking for orders to ensure timely possession and impose penalties on the developer. Collaborate with the Association of Purchasers to boost your collective negotiation power. Together, reach out to authorities, the media, and the courts. Make sure that any new contracts with the developer include strict penalty clauses for future delays and are legally binding.
If everything fails, you might want to consider lodging a complaint with the Consumer Disputes Redressal Commission (CDRC) to seek compensation for the delay, interest on the amount you paid, and any extra rental costs you've incurred. It's advisable to hire a lawyer who specializes in real estate and consumer disputes to ensure your case is well-represented.
Thank you.
In the face of increasing instances of delayed possession of real estate in India, homebuyers must be informed about their rights and the legal recourse available to them.
For those wondering about the course of action when a builder delays a project, there are remedies available. By understanding the reasons and taking informed steps, home buyers can navigate this challenging situation with clarity and assert their rights in the realm of real estate projects.
- If faced with possession delays, one can file a RERA complaint against the builder, seeking interest or a refund for delayed possession. Non-compliance may result in penalties or imprisonment.
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Legal Recourse Outside RERA: Despite RERA's establishment, consumer courts under the Consumer Protection Act of 1986 remain accessible for real estate complaints. Homebuyers can approach District, State, or National Commissions based on the property value, seeking redress for possession delays beyond RERA's jurisdiction.
- If faced with possession delays, one can file a RERA complaint against the builder, seeking interest or a refund for delayed possession. Non-compliance may result in penalties or imprisonment.
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Legal Recourse Outside RERA: Despite RERA's establishment, consumer courts under the Consumer Protection Act of 1986 remain accessible for real estate complaints. Home buyers can approach District, State, or National Commissions based on the property value, seeking redress for possession delays beyond RERA's jurisdiction.
You can approach before consumer court against both developer and association in above case
