Rera completion date vs agreement possession date


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?

 
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Advocate

First clarify whether you have already entered into the Agreement or not.


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Hi R.Ramachandran sir,

No, I am still not signed the agreement. Let me know your thoughts. 

 

Thanks Ramesh sir for your input.

 
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Advocate

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.

 


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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. 

 
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lawyer

Posted by: Nitish Banka  Categories: Civil Law consumer 
 

 

How to file Builder Complaint under RERA?

About RERA

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.

Image result for rera

Builder Complaint Before Real Estate Regulatory Authority

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.

RERA in Delhi

Delhi Rera has interim Regulatory Authority situated at Vikas Minar ITO

Complete Address-:

14th Floor Vikas Minar, ITO, New Delhi

 The webpage of Delhi RERA is http://dda.org.in/rera/

They have online complaint link http://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.

RERA in Haryana

In Haryana two RERA authorities are there one in Panchkula and

Haryana RERA Office Address

Real Estate Regulatory Authority Haryana
Executive Officer, RERA, HUDA Complex (Central Block),
Sec-6, Panchkula.
Phone: +91 172-2583132
E-Mail: officer.rera.hry@gmail.com

Click here to download notification

RERA in Gurgaon

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.

RERA in Uttar Pradesh

UP Rera has a proper website and a link to lodge complaint

Website http://www.up-rera.in/index

Address

6 J.C.BOSE MARG, LALBAGH,LUCKNOW, Uttar Pradesh

E-mail: contactuprera@up-rera.in

Interest and Compensation under RERA

The authority has wide powers for redressal of complaint under RERA hera are some of recent News of decisions by RERA

H-Rera fines Gurugram builder 30 lakh for advertising project without registration

“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.

Source: https://timesofindia.indiatimes.com/city/chandigarh/h-rera-fines-gurugram-builder-30-lakh-for-advertising-project-without-registration/articleshow/63497315.cms

MahaRERA imposes Rs 50 lakh fine on Piramal Realty

Moneycontrol.com–06-Apr-2018
“Section 11 (2) of RERA states that the advertisement or prospectus issued or published by the promoter shall mention prominently the website address of the Authority, wherein all details of the registered project have been entered and include the registration number obtained from the Authority and such other matters …

RERA warns builders of action for late registration

Daily News & Analysis–16-Jul-2017
We can even take suo motu action against builders who fail to register their projects after the deadline of July 31, on mere intimation about the same,” said Vasant Prabhu, secretary, Maha RERA. “However, we are expecting all the builders to register their projects within the deadline or else we will fine the …

RERA to Mumbai builder: Compensate buyers for delay in giving …

Hindustan Times–31-Mar-2018
The Maharashtra Real Estate Regulatory Authority (MahaRERA) in its recent order has rapped a builder who violated construction rules and tried to put the blame of delay in possession of a flat on government agencies. The order also provided relief to homebuyers who were given possession of their …

MahaRera directs builder to refund cash component over delay in …

Times of India–20-Mar-2018
MUMBAI: Maharashtra Real Estate and Regulatory Authority (RERA) recently directed a builder to repay with interest Rs 25 lakh including a cash amount of … The Rera Member said that grounds of delay given by the builder, could be treated as mitigating factors to refuse buyer’s claim for compensation.
 
Advocate Nitish Banka
9891549997
 
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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

 
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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 ?

 
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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.

 
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