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Kedar Wagh (Secretary)     08 September 2017

Relief under rera

Purchased shops in a building in 2005. Only Allotment letters issued and no Agreement for Sale executed between us & the Developer.

Status of project: Partly complete with part Occupation Certificate but portion alloted to us is not constructed yet.

As per our knowledge the Developer has not registered the project under RERA as yet.

Can we file a complaint under RERA and get some reliefs?

 



Learning

 1 Replies

Nitish Banka (lawyer)     22 April 2018

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. 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 https://dda.org.in/rera/ 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. 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   Download [484.68 KB] 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 https://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

Read more at: https://www.lawyersclubindia.com/forum/Rera-and-transfer-of-flat-in-society-under-redevelopment-151935.asp


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