Delay to Complaint in MAHARERA
9 months ago
I purchased flat in Mumbai and RERA completion date was May 2019 but Builder had Money Problem so he requested us to wait. We didn't complain in RERA and trusted the Builder, but now he is asking more money than the Agreement to complete the Work. We hired Lawyer and he is saying that its too late and RERA won't help. Wanted to ask whether RERA has expiry date to raise the complaint?
Though there is no time limit to file a complaint under the Real estate regulatory authority (RERA). Still, the provisions of the Limitations Act, 1963 is to be adhered to make sure that RERA proves its efficiency when approached in a reasonable time limit following the Limitation Act i.e, within 3 years from the date of cause of action. Delay in filing a complaint against the Promoter/Builder is condoned on appeal if RERA finds reasonable ground behind the delay and considers the merit in the complaint that requires adjudication for the shake of justice. However, the time limit for filing a complaint with RERA is five years from the date of handing over possession of the property on the discovery of any structural defect in the Building. Reach out to an Advocate experienced in RERA matters for guidance and steps.
Typically, RERA allows buyers or allottees to file complaints against developers or builders for issues related to delays in project completion, discrepancies in the agreed-upon terms, or any other violations of the RERA Act. The Act aims to protect the rights and interests of homebuyers and establish a transparent and accountable real estate sector.
Regarding the time limit for filing a complaint with RERA, it generally depends on the specific circumstances and the provisions of the RERA Act in your state. While the Act usually allows for a specified time period within which complaints should be filed, there may be provisions for condonation of delay under certain circumstances.
However, it's important to note that there may be limitations on raising complaints after a considerable delay. If the specified time period for filing a complaint has passed and you have not taken any action, it may pose challenges in pursuing a complaint through RERA.
Considering you have already consulted with a lawyer who has advised against filing a complaint with RERA due to the delay, it's advisable to carefully consider their guidance. They are familiar with the specific details of your case and can provide advice based on their legal expertise and knowledge of the applicable laws.
Mayank Vilas Sankhe
Replied 9 months ago
Hi Sir,
Thanks for Reply. Following is the RERA no. P51800008570.
Currently, I am out of station and Lawyer is appointed by buyers in which we also have few members who don't have Sale deeds Registration. So, wanted to check whether I can file separate case in RERA as I have sales deed Registration? Or its good to take action together with all members?
Thanks in advance.
Best Regards,
Mayank
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