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Property issue in purview of RERA ?
11-Jun-2023 (In Property Law)
We booked a flat in Thane (Navi Mumbai) in May 2014 with promise of possession in June 2017. Project was considerably delayed and we decided to cancel in May 2016.
We had paid 24 lakhs (earnest money and one schedule of the project including taxes).
The refund amount was processed by the builder with a cancellation charge (2.4%) but in instalments over a period of 2 years.
Planning to take the legal route for: 1. procuring interest for delayed refund payment and 2. Procuring the levied cancellation charges.
The allotment paper, cancellation deed and other receipts are with us. The project is further delayed to Dec 2021 (as displayed on builder's site)
Will the case come under purview of MahaRERA or treated as a civil case?
This is my response to you:
1. Firstly is it RERA registered?
2. Secondly if not registered then should it ought to be?
3. Has the CC or OC come?
4. State full facts and then you can decide the future course of action;
5. You can send a legal notice to begin with;
6. Consult a local lawyer and take steps.
Helpful?
Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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Dear Querist,
Is the project registered under Rera?? I presume Yes, as the date of possession is 2021.
Next question is, did you had an agreement for sale. And whether the cancellation was by way of Deed of cancellation?
Im a recent rera judgment, it was ordered that as the builder didnot pay the agreed amount hence the cancellation was not complete.
Same thing can be applicable to you.
Helpful?
Adv. Rakesh Misar
Mumbai | 200+ Answers
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if you booked property where RERA is applied, the you have concrete remedy to recover your refund amount by civil or criminal too!.for take appropriate actions please contact with me alongwith all your papers immediately
Helpful?
Adv. Bhalerao Prakash
Nashik | 100+ Answers
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