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Arunjit Talwar   19 January 2022

Possession of flat

I ARUNJIT SINGH HAD PURCHASED A FLAT IN ACME BOULEVARD, ANDHERI EAST IN 2015. THE PROJECT IS BY ACME BUILDERS AT MUMBAI. THE DATE OF POSSESSION AS PER REGISTERED AGREEMENT WAS 31 DEC 19. HOWEVER THE BUILDER HAS NOT GIVEN THE POSSESSION TILL DATE. I HAVE ALREADY MADE 98% PAYMENT. THE BUILDING IS READY FROM OUTSIDE HOWEVER INTERNAL WORKS, LIFTS ETC ARE ALL PENDING. PLUS ALL AMENITIES WHICH WERE PROMISED ARE PENDING.

THE BUILDER IS CONTINOUSLY AND SUCCESSFULLY ABLE TO DELAY THE DATE OF POSSESSION ON MAHARERA WEBSITE AND NEW DATE NOW IS DEC 22.

I WANT COMPENSATION AS I AM PAYMING RENT AS WELL AS EMI ALSO

CAN SOMEONE PLZ HELP



 4 Replies

Megha   19 January 2022

Hi,

As per the Maharashtra Real Estate Regulatory Authority (MahaRERA) rules, a home buyer can seek compensation from the builder upon delayed delivery of possession if the builder has received a part possession/ occupancy certificate from MahaRERA.  

Recently, in the case of Vrajesh Hirjee Vs Skyline Construction Co. MahaRERA ordered the respondent to refund money to the homebuyer along with interest for delayed possession of flat.   

You can file a case under section 18 of Real Estate (Regulation and Development Act), 2016 to seek compensation.  

Best regards,
Megha

1 Like

Advocate Bhartesh goyal (advocate)     20 January 2022

Yes, You can claim compensation by filing complaint before RERA or Consumer Commission.
1 Like

Dr J C Vashista (Lawyer)     20 January 2022

Well analysed, opined and advised by experts, I concur. 

G.L.N. Prasad (Retired employee.)     20 January 2022

Immediately issue a notice to the builder through a competent advocate and wait for a reply from the builder.  Till the builder replies search in google to find laid down procedures online for such complaints before RERA and Consumer Forum.  Prepare the complaint ready and wait for that period given to the builder for a reply, and then file a complaint If the Notice is given properly, 99% of your problem in filing complaint is solved, as the notice covers all aspects of deficiency service.  While contacting advocate, also produce relevant receipts, agreement with the builder on such prescribed time schedule for completion etc.


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