Rera Extention for Apartment Handover in Bangalore Rera Extention for Apartment Handover in Bangalore

6 months ago

Hi, According to the signed agreement the handover date was mentioned as 31-Dec-2021 for an apartment in Banglaore, Karnataka. How much extension is allowed because of Karnataka Rera covid 19 relief given to builders. If we are getting posession on 1st Nov 2023, delay compensation can be received for how many months? Please let me know

Anik

Responded 6 months ago

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A.Dear Client,
Under RERA, builders are required to apply for an extension of the project completion date due to force majeure. The exact duration of the extension can vary depending on the circumstances. However, it's typically equal to the period of the delay caused by the force majeure event. RERA mandates that builders pay compensation to the homebuyers for any delay. The exact amount and calculation method can vary, and it's typically a monthly amount based on the number of months delayed. Review the details of the project, including any extensions granted due to force majeure.Go through your sale agreement and look for clauses related to delays, extensions, and compensation.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
The delay in delivery of possession of the apartment to the Buyer in violation of the terms of the agreement amounted to a deficiency in service on the part of the Promoter/Builder. The Buyer of the apartment can file a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the delay. The complaint may also be filed before the Consumer Court over alleged deficiency in service claiming compensation for delay and harassment within two years from the date of the cause of action, i.e, from the date of delay caused in violation of the terms of the agreement or on expiry of the date of extension of delivery of possession permitted by the concerned authority denial of refund by the Developer. It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Forum and RERA for the same cause of action at a time.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 6 months ago

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A.Dear Sir,

As per the terms of your agreement you may claim compensation. In the meanwhile the RERA courts are very lenient towards builders. Any how start the proceedings after taking possession.
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