Mofa and rera

sanjay (Querist) 01 March 2019 This query is : Resolved
we want o know that if we book a flat during MOFA in under construction property can the percentage of work completed differ in todays RERA SCHEME
UNDER MOFA SCHEME BUILDER CLAIMING TO COMPLETE 98% OF WORK
UNDER REAR SCHEME BUILDER CLAIMIMG TO COMPLETE 77% OF WORK
in the same building which is still under construction .
in both the scenario posseion date is not being given under repeated reminders
is it possible .

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Dr J C Vashista (Expert) 02 March 2019
What do you mean by the term "MOFA" used by you?

sanjay (Querist) 02 March 2019
We had booked a flat when there was MOFA regulations for which the builder is calming for the work completed at 98% and asking us to pay for 98% of flat cost
Now it is RERA now
our friend has booked a flat in the same building now there they are showing 77%of work completed
Is this position

kavksatyanarayana (Expert) 04 March 2019
I think that the provision exists in Maharashtra Ownership of Flat Act (MOFA) with the difference that the percentage prescribed is 20 percent in place of 10 percent in RERA. However consult a local Advocate who know local laws.

M V Gupta (Expert) 30 April 2019
Before RERA came into force builders were projecting false completion reports in order to demand payments from the flat purchasers illegally even before the work is actually completed. Now it will not be possible for them to do so. In the facts you have reported, the builder seems to have collected from you money for the works which were not actually completed by stating that 98% work was completed, while in fact only 77% work is completed. If you so desire you may consider filing a complaint before the RERA Authority and demand damages and interest on excess amounts collected from you.