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Flat booking & cancellation issues
05-Feb-2025 (In Property Law)
Where can file complaint against builder for these issues?
1. I've booked flat with reputed builder Hokhale Constr - but plan of my floor is not even submitted for sanctioning. Does this violate any MahaRERA rule?
2. He has taken more that 10% of agrmt value as down payment - no agreement done yet.
3. Allotment letter in not in MahaRERA format.
4. Booking form signed by me has 10% of agrmt value as cancellation fees. Rera Max is 2%.
What action MahaRERA can take against builder in each issue?
Dear client based on your query, considering the multiple violations, it may be prudent to file a complaint with RERA to address the builder's non-compliance with regulatory standards, for which we can help you regard the process and in legal ways for which you can connect with us.
Helpful?
Adv. Kalpana Sanap
Pune | 200+ Answers
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1. Plan Not Submitted for Sanctioning – As per RERA regulations, a builder cannot sell or advertise a project unless it is registered with MahaRERA. If the floor plan is not sanctioned, it is a violation, and you can file a complaint on the MahaRERA website.
2. Excess Down Payment Taken (More than 10%) – RERA states that a builder cannot take more than 10% of the agreement value as an advance without signing a registered agreement. Since the builder has violated this, you can file a grievance under MahaRERA, and they may impose penalties or direct a refund.
3. Allotment Letter Not in MahaRERA Format – The allotment letter must comply with MahaRERA standards. If it does not, you can raise this issue as non-compliance, and the builder may be directed to issue a proper letter.
4. Cancellation Fees Charged at 10% Instead of 2% – MahaRERA allows a maximum of 2% as a cancellation fee. If the builder has taken 10%, this is unlawful, and you can demand a refund of the excess amount.
Steps to File a Complaint:
Visit the MahaRERA website and file an official complaint.
Attach relevant documents like booking forms, payment receipts, and allotment letters.
Helpful?
Adv. Vikrant C Deshpande
Mumbai | 5+ Answers
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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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