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Compensation of losses due to delay in possession.
31-Jul-2023 (In Property Law)
The agreement done in September 2016. possession Date as per agreement on or before March-2017 subject to extension of time for a further period of 6 (Six) Months. Delay been more than 17 months form the promised date. Till date, we have been communicated for “ DATE ON DATE” only, & no communication for the Occupancy Certificate. I would like to move to flat once Building is complete & we receive OC. No communication with the date of OC from any Authority of Balaji Symphony, so requesting to confirm the date of receiving the OC. Just to highlight the point that I am suffering from the dual payment of Bank loan EMI of 45000 INR & Monthly rental payed of 20000 INR Per months. Considering the delay of 17 Months, I am in loss on 17*20000 = 3,40,000 which is big loss for any middle class family like me. I am asking builder for the Compensation of losses of due to delay in possession
The only remedy is to file the complaint at RERA authorities for fast recovery of required compensation .
If you want my assistant then keep below documents ready :
1. Your flat booking details
2. Sale Agreement
3. Your Home Loan sanction letter and copy of bank statement showing deduction of EMI
4. Your Rent Agreement
5. Pan Card
6. Aadhar Card
If you want my assistant then keep below documents ready :
1. Your flat booking details
2. Sale Agreement
3. Your Home Loan sanction letter and copy of bank statement showing deduction of EMI
4. Your Rent Agreement
5. Pan Card
6. Aadhar Card
Helpful?
10+
10+
Adv. Sanjay Nana Ranpise
Mumbai | 25+ Answers
CONTACT NOW
Hello,
First and foremost thing, you should do is to know how many people have been duped with this false commitment given by the builder. As mentioned by you if the builder has promised you to deliver the same and as you have a valid proof given by the builder you can file a police complaint against the builder for the compensation and you will be able to recover for only (11months) provided you might have notified the builder regarding the rent you have been paying because of the false commitments made by the builder.
Before approaching the police to lodge a complain the builder might have registered the said project under RERA where from the said registration number you can find out all the details of the project online at https://maharera.mahaonline.gov.in/
After this, if the builder has not delivered the project as per the details submitted in the RERA website as per their due time you can directly file a complaint under RERA
Any person who has an interest in the project, can file an application with the RERA authority. The application can also be filed online, as per the format available. The complainant must provide:
1. The particulars of the applicant and the respondent.
2. The registration number and address of the project.
3. A concise statement of facts and grounds of claim.
4. The reliefs and interim reliefs, if any, sought.”
To initiate proceedings before the adjudicating officer for compensation under RERA, the complainant needs to file a similar application. This application must also be made in the prescribed format and must contain particulars similar to those required in the application to the RERA authority
First and foremost thing, you should do is to know how many people have been duped with this false commitment given by the builder. As mentioned by you if the builder has promised you to deliver the same and as you have a valid proof given by the builder you can file a police complaint against the builder for the compensation and you will be able to recover for only (11months) provided you might have notified the builder regarding the rent you have been paying because of the false commitments made by the builder.
Before approaching the police to lodge a complain the builder might have registered the said project under RERA where from the said registration number you can find out all the details of the project online at https://maharera.mahaonline.gov.in/
After this, if the builder has not delivered the project as per the details submitted in the RERA website as per their due time you can directly file a complaint under RERA
Any person who has an interest in the project, can file an application with the RERA authority. The application can also be filed online, as per the format available. The complainant must provide:
1. The particulars of the applicant and the respondent.
2. The registration number and address of the project.
3. A concise statement of facts and grounds of claim.
4. The reliefs and interim reliefs, if any, sought.”
To initiate proceedings before the adjudicating officer for compensation under RERA, the complainant needs to file a similar application. This application must also be made in the prescribed format and must contain particulars similar to those required in the application to the RERA authority
Helpful?
21+
21+
Adv. Chinnmay S. Shah
Mumbai | 200+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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