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AS   11 May 2022

Possession delayed

Hi,

We booked a flat last year in Maharashtra and as per agreement the Possession was said to be in August 2021 then they said it will be done in Jan 2022 and now they saying it should be done on Aug 2022.

When we booked the flat the 3 floor slap work was going on and today 4 floor slap work going on. Looking at this no chance it will be done before Jan 2023.

I have paid 60% of the flat cost to builder. I have taken loan and EMI is already started since last one year.

As builder delaying the possession I have below queries:
1) can I ask him compensation for the delay ?
2) is he libel to give me rent per month till possession ?
3) if not can I cancel the property and ask him full return including the interest I paid?
4) How much interest he is libel to pay me ?

Please guide me what are the rules under RERA and what I can do.


 5 Replies

Advocate Bhartesh goyal (advocate)     11 May 2022

You can file complaint for your grievances before District Consumer Commission or RERA and claim compensation for not given possession in stipulated period or claim refund of paid amount with interest.

1 Like

AS   11 May 2022

Thanks Advocate Bhartesh goyal ji,

Can you please let me know how much compensation I can claim to builde? In case he deny how much interest he is libel to pay me in case of refund? 

Do I need to claim it in particular format. Can you please help me with process and/or links of it.

 

Thanks & Regards,

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 May 2022

Compensation: A buyer can claim compensation of upto 10% of the property price if in case the delay has been caused by the builder without any justification as given under RERA rules. Even under a consumer case, a buyer can claim compensation

Dr J C Vashista (Lawyer)     12 May 2022

Very well analysed, opined and advised by expert Mr. Bhartesh Goyal, I endorse the same.

Rate / Amount of compensation claim against the builder would be mentioned in Builder Buyer Agreement, which differ from case to case but no such rate / amount is prescribed.

Kishor Mehta (CEO)     12 May 2022

The best option for you would be to approach MAHARERA. 


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