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Clause 12(E) Impact on Compensation Rights and AO Remedy


31-Jul-2026 (In Property Law)
MahaRERA allowed my complaint and granted delay interest. However, Para 9(B) states that allegations regarding unauthorized use of my flat could not be conclusively considered at this stage because the project is incomplete and has not received Occupation Certificate. At the same time, Clause 12(E) rejects all other reliefs, including compensation. Will a limited appeal seeking modification of Clause 12(E) be advisable to preserve my right to pursue compensation or Filling directly Form N.
Answers (3)

Answer #1
867 votes
Yes, a limited appeal can be advisable. Since Para 9(B) does not finally reject your allegations but says they cannot be decided until the project is complete and an Occupation Certificate is received, you may file a limited appeal seeking clarification that your right to claim compensation remains open and is not barred by Clause 12(E). If the builder later obtains the Occupation Certificate and you have grounds for compensation, you can also consider filing the appropriate proceedings (such as Form N, if applicable to your claim) at that stage. A lawyer can help determine which option best protects your rights based on the exact wording of the MahaRERA order.
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Answer #2
699 votes
an appeal may be advisable if the wording of Clause 12(E) could prejudice your future right to claim compensation. Since RERA itself has observed that the issue of unauthorized use cannot be decided until the project is completed and an Occupation Certificate is obtained. I may need more details on it like the order copy or what the agreement was
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Advocate Areeb Ansari

Adv. Areeb Ansari

LawRato Mumbai | 25+ Answers
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Answer #3
757 votes
You can either appeal or you can any way file an RERA complaint again after getting OC or there are any other reliefs as the cause of action of the complaint will also change, rather filing appeal only limited basis might be beneficial for your demands
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Advocate Moksh Jain

Adv. Moksh Jain

LawRatoMumbai | 100+ Answers
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