Vikas 24 January 2018
Hi Sir,
In one of cases, I have observed that as per RERA website documents, builder has given completion date of the project as 31stDec, 2023 but on sale agreement possession date is 31st Dec, 2020 (3 years difference). Which one will have strict legal binding? As a flat buyer, what should I do?
R.Ramachandran (Advocate) 24 January 2018
First clarify whether you have already entered into the Agreement or not.
Vikas 24 January 2018
Hi R.Ramachandran sir,
No, I am still not signed the agreement. Let me know your thoughts.
Thanks Ramesh sir for your input.
R.Ramachandran (Advocate) 24 January 2018
You have not indicated in which State this building project is located.
Some of the State Governments have framed the RERA Rules in such a way that all the building projects do not come under RERA.
Therefore, first check up whether the project in question comes under RERA.
In any case, why don't you ask the Builder himself as to why there is difference of completion of the project as per Agreement and as shown in the Website.
Vikas 24 January 2018
Sorry for not giving complete info. its Maharashtra RERA. Yes, I am going to ask builder the same when I meet him. Before that, I thought to take expert thoughts on this. This project has got MahaRERA number, it is meant that I think, it comes under RERA. am I correct? I read in the news that builders usually give completion date on RERA documents by keeping time buffer so as to avoid any penalties. If that is the case, I wanted to know if builder does not deliver as per possesion date and if I file a companint, they may say that as per RERA completion date is 2023 and not 2020 (actual possesion date) and I can not complain. Overall, I would like to avoid such situation. I was wondering whether RERA timeline holds strict legal binding or the possesion date on sale agreement. Your input on this will be really valuable.
Nitish Banka (lawyer) 18 April 2018
RERA is Real Estate Regulation Act-2016 the act was passed with an objective to regulate real estate sector in India. Real estate sector contributes to 9% GDP and is 2nd highest employment generator after Agriculture. There was a need to regulate the sector as there was huge number of builders who have defaulted in their commitment of giving possession of flat to allotees. The real estate scam in India is apparent and need to regulate builders was important an then there are one sided agreements and cheating done by builders
About 67% of projects in Delhi/NCR are delayed by more than 2 Years.
The act has a provision of mandatory registration of Builders and real estate agents and establishment of real estate regulatory authority to look into the matters related to complaint against builders.
A Builder complaint can be lodged in RERA under Section 31 of RERA Act.
Every State in India has RERA and under RERA builder projects are registered there are stringent provisions under which the builder has to disclose details of the project and file sanction plans,completion dates etc before he could even do marketing of the project. There are strict penalty clauses in the act with regards to non-registration of the projects.
Under Section 31 an allotee can approach RERA and can file builder complaint under RERA act. The format of complaint differ from state to state. Here we will evaluating RERA forums of Delhi and NCR.
Delhi Rera has interim Regulatory Authority situated at Vikas Minar ITO
Complete Address-:
14th Floor Vikas Minar, ITO, New Delhi
They have online complaint link https://dda.org.in/rera/EncroachDataUpload.aspx
However it is advisible to visit and file complaint under section 31 of RERA act against builders or rela estate agents in Delhi.
In Haryana two RERA authorities are there one in Panchkula and
Click here to download notification
The Gurgaon RERA is situated at make shift office PWD Guest house
Haryana Real Estate Regulatory Authority (H-Rera) will be finally set up in Gurugram from February 1, officials said.
The temporary office will start functioning out of the public works department (PWD) guest house on Old Railway Road near the Gurugram police commissionerate. However, the permanent office will come up in Sector 44 six months later.
UP Rera has a proper website and a link to lodge complaint
Website https://www.up-rera.in/index
Address
6 J.C.BOSE MARG, LALBAGH,LUCKNOW, Uttar Pradesh
E-mail: contactuprera@up-rera.in
The authority has wide powers for redressal of complaint under RERA hera are some of recent News of decisions by RERA
“The authority is of the view that Krisumi Corporation has violated the provisions by publishing the advertisement in the newspapers as well as on the website without getting prior registration of the project from the Haryana Real Estate Regulatory Authority, Gurugram in whose jurisdiction the said project falls and thereby committed the violation of Section 3 (1) of the Act and rendered themselves for action under Section 59 (1) of the ibid Act,” H-Rera chairman Khandelwal observed in the detailed order. Directing the company to pay Rs 30 lakh as penalty for the violations, the authority further observed that such violation would not be allowed.
harshal k (a) 07 May 2018
Big Residential Project which is started before Maharera showing a complete one project ,now Project has been divided with phase no. to get different Maharera No. with each phase completion date is differ from other phase. And now last phase made within project having completion date on rera website is after 4-5 years later. Now even though builder make some buildings ready to stay ,amenities ,gardening,etc will be delayed showing last phase completion date which comes after 4-5 yrs late. what action we can take or cant take any action i this case .
Read more at: https://www.lawyersclubindia.com/forum/Maharera-and-builders-178018.asp
Marvel Kada 02 September 2019
My case is similar. In my registered agreement, 31st of August 2019 is the completion date with a grace period of 6 months. Which means completion date with grace period is 29th of February 2020. As per the MahaRERA the proposed completion date is 29th of February 2020. Also as per MahaRERA site the REVISED proposed date of completion is 30th of April 2021. So will anybody advise what will be the date of completion that will be counted for calculation of penal interest due to the delay in completion of the project ?
Sarita Yadav 22 March 2021
I have booked a flat in December 2016 from a renowned builder in Mumbai whose project is going on in khopoli and have done the registration also. According to the agreement the possession date was July 2020 and that time RERA was not there. After RERA came into existence they have extended the time limit to 2023 and we are stuck paying the EMI to the bank every month and still its in under construction. what can we do now. more than 90% payment has been done to the builder, can we get any benefit from court against the builder as my agreement date has already exceeded.
P.Bashista (Advocate) 24 March 2021
The Hon'ble Supreme Court in its latest judgment (Imperial Structures Ltd. Vs. Anil Patni & Anr.) has stated that the completion date given in the RERA registration by the promoter shall not supersede the date given in the BBA executed between the allottee and the promoter.
Prashant Singh 06 May 2023
Hello Sir, I am also facing the same problem. The builder gave false commitment that possession will be given in June 2022 but the signed agreement has date June 2023 with clauses of extension for 6 months. This project belongs to Mumbai -Thane region. Now, on RERA website, the revised date of completion is changed to June 2024. When we asked the builder, he says that we have not applied for extension. RERA has automatically extended the dates.
Can you please suggest what actions can be taken from my side?
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