Prashant Singh 21 September 2023

Builder extended rera date by 1 year for covid reason under section 6

Hello, I have purchased a flat in October 2021 in Thane, Maharashtra. At that time, I signed the agreement where the possession date was mentioned as June 2023. But in RERA website the certificate uploaded has validity till June 2024. I asked the builder about this extension so he replied that it is given by RERA and they have not applied for extension.

Also I was frustrated so took this to Twitter mentioning the builder and few news channels so now builder says to me that he will literally give the possession to me very very late i.e in the last and threatened me that he will file a defamation case against me.

I am only worried about my property because during the time of purchase, the sales people made false promises that the flat will be delivered by June 2022 though the agreement date is June 2023 but now the date is June 2024 and its been a tough time for me to stay on rent every single month.

Can you please suggest/advice me if there is any way we can claim compensation for the extension period which is given to builder under Section 6?

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1 Replies

T. Kalaiselvan, Advocate (Advocate) 22 September 2023

Section 6 of the Real Estate (Regulation and Development) Act, 2016 ("Act") permits the authority to grant extension of registration of a project to the Promoter under reasonable circumstances where there is no default on the part of the promoter, for a period not exceeding one year.

In that case you cannot agitate over this subject.

Staying on rent is not the problem of the builder, you should have analysed all the facts, but due to unforeseen circumstanes the completion of construction and handing over possession may be delayed and since it has been recognised by the RERA itself, your objection to this as well as giving a report through press media and posting damaging messages in any social media against the builder will unnecessarily put you into trouble.

Now you just wait for the extended period to come to a close after that you can take action against the builder for his deficieny in service if the problem still persists.