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Prashant Singh   06 May 2023

Agreement possession date vs rera date

Hello, I have purchased a flat in October 2021 in Thane, Maharashtra. At that time, I signed the agreement where the possession date was mentioned as June 2023. But now as we are approaching June 2023 and it seems that builder will not be able to give the possession, he has extended the dates on RERA for June 2024. I asked the builder about this extension so he replied that it is given by RERA and they have not applied for extension.
Can you please advice on how do i proceed on this to get justice?


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     06 May 2023

A buyer can file a case and send legal notice to the builder for delay in possession under the RERA Act, 2016 or transfer their case from a CDRC to the State Real Estate Regulatory Authority. According to this Act, a builder will have to pay 10% interest on the value of the property for delayed possession of flats.

But remember that Section 6 of the Real Estate (Regulation and Development) Act, 2016 ("Act") permits the authority to grant extension of registration of a project to the Promoter under reasonable circumstances where there is no default on the part of the promoter, for a period not exceeding one year.

P. Venu (Advocate)     06 May 2023

You may get a copy of the RERA Order and decide further course of action.

Dr J C Vashista (Advocate)     07 May 2023

Let June 2023 may see the light of the day, it is May 2023.

If RERA has granted extension, it has been permitted after due consideration of facts and circumstances submitted by the promotor / builder, such projects take time,.. However, if you feel aggrieved file an appeal.

1 Like

Prashant Singh   16 September 2023

Hello Sir,

Thank you for the advice. 

So this means I cannot do anything till June 2024?

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