I have booked 3 flats in a building out of which one I have registered and the other two I have allotment letter. Total flat cost combined is 2.45 cr. The construction was to be completed by March 2018 as mentioned in the agreement of one flat. In the two allotment letters (which my dad signed while collecting from his office) he has mentioned ridiculous payment terms of 50% on booking 25 % on plinth and so on, this was not the payment terms discussed while booking. The delay interest he mentioned in 24% p.a.i have paid 70% for all flats combined i need to go to RERA to claim interest for delay in possession but want to stay in the project. All flats are booked in 2014/2015 before RERA, are RERA rules applicable? Since the booking amount he has mentioned 50%, according to this payment term iam a defaulter of late payment, will RERA penalize me too? Do i have a strong case, as per RERA builder needs to get the agreement registered from the buyer after 15 days of booking, if not is he at fault? He also cannot take 10% of booking amount as per RERA and 20% as per MOFA. Shall i go to RERA for one flat first? (if I win I'll then go for the other two), What are the chances of me winning the case
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You can claim interest for delay in delivery of possession .RERA is applicable for pending projects
2) I presume OC has not been issued yet
3) if OC has been issued RERA is not applicable and you will have to file complaint before consumer forum and seek interest for delay in delivery of possession
No good lawyer would predict the outcome of any matter because advocacy is certainly not astrology
So the question of what are your chances of winning is not admissible of any answer
You can approach Rera
But as 3 flats are purchased, it would not be advisable to complain against delay for one flat and then think about filing subsequent Rera complaints for the other 2 flats. That is speculation and may backfire against you
A litigant has to approach the Court with all the material facts properly disclosed. Pick and choose approach is not appreciated by the Courts specially when the matter is carried in appeal to Higher Courts like High Court if you fail in the lower courts
So for the delay as regards the handover of flats, you have a case u/s 18 of Rera unless the builder comes up with a defense of force majeure to the satisfaction of the court
The interest charged by the builder is too high which too can be complained against
Non registration of agreement for the other 2 flats is also a violation of Rera
There seems to be some discrepancy in the mode of payment for the other 2 flats as informed to you while booking and while issuing the allotment letter. Did you initiate any correspondence with the builder raising this grievance ? That needs to be shown to the Court. If the Court does not find merit due to lack of correspondence for protesting against the unilateral revision in payment schedule then the Court can atleast consider reduction in the high rate of interest. 24% is quite high.
I would advise you to go to Consumer Forum where remedies are more efficacious and expeditious than going to RERA.
If the flats are RERA registered then you can approach RERA for desired reliefs.
You don't be worried about the default of payment from your side.
The builder's one sided agreement is not maintainable.
If you feel that this matter cannot be solved by RERA then you may even approach consumer forum for relief and compensation.
Can you please explain about one sided agreement more and how it is applicable for my case? One buyer has already approached rera and the outcome was rera turned down Builder’s claim that delay was because of government policies and that he had ample time to build till 2017.But rera has also penalised buyer for delay in payment rera has given three extensions to my builder till date, is this normal?
If agreement is arbitrary, one sided you should get compensation from RERA for delay in delivery of possession by builder
The conditions of the sale agreement having an adverse impact on the buyer or having privileges to the builder even if he is at wrong are generally termed as one sided agreement.
In a remarkable judgment, the Supreme Court has recently held that one-sided clauses in the Apartment Buyer’s Agreement constitutes unfair trade practice and such terms cannot bind the flat-purchaser.
Case name: Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghavan
Hence, in view of the aforesaid observations, the Apex Court held that the terms of the Apartment Buyer’s Agreement in the present case were wholly one-sided and unfair to the Respondent – Flat Purchaser and that the Appellant – Builder could not seek to bind the Respondent with such one-sided contractual terms.
- As per the RERA Act, if the builder is delaying in construction & delay in possession, then the builder will have to pay 10% interest on the value of the property for delayed possession of flats.
- Hence, if builder fails to delivers the possession of the flat to you on time, then you can cancel the agreement due to his fault and you are liable to get full refund of paid amount with 10 percent interest.
- Further, if you get the possession of the said flat lately, then also you can claim 10% compensation from the builder.
- Hence, you can lodge your complaint before RERA or consumer forum as well.
Even if extension is given still builder is liable to pay compensation to buyer if he contravene the agreement
Dear Sir,
Such extensions by RERA are unwarranted and he may go to High Court against the orders of RERA and claim damages/compensation for such inordinate delay.
