Delay in possession
4 years ago
The possession date stated in the agreement is Dec 2019. The builder did not comply and asked fr march 2020 as an extension date. We agreed and accepted one month's compensation. Now in January 2020 the builder has taken another extension from RERA till Dec 2020. We invested here as it was advertised ready to move in.
Q1. Can we still complain to REra and withdraw with full compensation? 95% of our payment is done.
Q2. Is the builder supposed to pay compensation only till the date of possession or till he gives us possession with the occupancy certificate?
You may complaint to the RERA about the delay and this case will be ended in compromise otherwise he may make further delay.
Vikramaditya .
Responded 4 years ago
The Authority under RERA may, on the basis of the facts of the case, extend the registration granted to a project, where the delay in the particular project is not due to default on the part of the promoter. However, in any circumstance, such extension shall not exceed a period of one year. Now based on the facts provided by you, your queries are answered as follows:
1. You have the option to withdraw from the project. Upon exercise of such option, the entire investment along with prescribed rate of interest shall be returned to you along with the compensation in the manner provided under RERA.
2. But, in case you do not exercise such an option to withdraw from the project, the promoters shall be obligated to pay an interest to you for every month of delay till the handing over the possession at such rate of interest as prescribed under RERA.
For further clarification or query feel free to contact.
Regards,
Sanjay Kumar Jha
Responded 4 years ago
You may file an application for all about to RERA concerned authority.
You may file case finally if not resolved ar consumer Court or RERA Tribunal. You may get flat or compensation with interest.
Thanks
Rameshwar Dadhe
Responded 4 years ago
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