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Adi   06 September 2022

Delayed possession - maharera

The agreed possession date as per registered agreement to sell is 30.3.22.
During Covid-1 Promotor invoked Force Majaure clause for 6 months.
However MAHARERA gave unilateral extension to Promotors for their RERA registration across the state of 6 months during Covid-2 & Promotor promised the possession by 30.9.22 the timelimit extended by MAHARERA.
Is the allottee entitled to interest compensation from 1.4.22 till possession.



Quick Summary
This discussion explores whether homebuyers are entitled to interest compensation for delayed property possession when the promoter invokes a Force Majeure clause due to COVID-19. While the promoter initially cited Force Majeure for six months, Maharera granted an additional six-month extension for RERA registration. Despite the promoter's promise of possession by the extended deadline, the question remains if compensation is due from the original possession date. The prevailing view suggests that due to Maharera's extension and the allowed invocation of Force Majeure, the builder may be exempted from paying interest or penalties for the extended period.

 2 Replies

Advocate Bhartesh goyal (advocate)     06 September 2022

Sincee due to covid the timelimit has been extende by MAHARERA so you are not entitiled get any interest / compensation from 01-04-2022 to extended period.

Dr J C Vashista (Advocate)     06 September 2022

RERA has allowed to invoke the covenent of force de majure accordingly the builder is exempted from interest / penalty for the period.


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