Compensation under rera for delay by builder

Yogesh K Upadhyay (Querist) 23 May 2018 This query is : Resolved
Dear Sir,

My son has bought a flat in Pune. The Agreement to Sale was signed before promulgation of RERA Act. But the project was registered under RERA also on later date. The project is delayed for 12 month. The builder has calculated compensation as per the terms and condition contained in Agreement to Sale.

My query is that whether the compensation for delay in completion of project will as per the terms and conditions of Agreement to Sale or as per provisions of RERA. Which provision shall prevail.

With best regards

Yogesh Upadhyay
Pune

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SHIRISH PAWAR, 7738990900 (Expert) 24 May 2018
In your case you have to take legal action. Builder will try to put pressure for their conditions. You have to file consumer complaint for compensation in Mumbai. You can contact me for further proceedings.

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Yogesh K Upadhyay (Querist) 24 May 2018
Thanks a lot Adv Pawar.

I will certainly contact you, in case the matter is not settled.

rajeev sharma (Expert) 24 May 2018
Sec 18 of RERA Act specifically provides that in case of delay in completion of project where the allotee and where the allottee wants to remain with the project the allottee will be granted interest for every month of delay till the possession is delivered at the prescribed rate.This rate is not provided by the ACT but in the rules made by each state under this Act. So you are requested to go through the Rules which are available at the web ite of MahaRERA. Generally these are 2% higher than the basic lending rate of SBI

Kumar Doab (Expert) 24 May 2018
Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in consumer/civil matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned PIP and proceed in best of your interest.. ASAP.
For such counsels; Check at LOCAL consumer court, Civil Courts, HC,……..
The necessary action is to be taken by you and your lawyer.

Certainly you can attempt to resolve outside court.

rajeev sharma (Expert) 25 May 2018
You need not file a consumer complaint . If you file consumer complaint you will not be able to file any complaint bfore MahaRERA. . complaint to regulatory authority may be filed on line and you may yourself appear before Authority there is no need to engage any lawyer.Filing of complaint is very simple process. Dont be led by the lawyers who have no idea of RERA act.