LawRato

All flat has been saled but still builder is not able to form society


28-May-2023 (In RERA Law)
Our project is RERA registered. This project started in 2014. developer has got the corporation permission and also plan is sanctioned. after the sale of 51% of the Units, developer has failed to form a Co-operative Society of all the Allottees in the said scheme till date. now all the flats has been sale and still he is not ready to form a Society. and now 6 yrs already completed but still he extended in RERA till 2023 how is it possible ? and now more than 2 yrs he haven't done any remaining work and still many work is pending.
Answers (1)

Answer #1
989 votes
As per section 11 (4) (e) of the RERA Act, 2016 the promotor is responsible to form the association or a society or a co-operative society under the laws applicable to carry out the project in a smooth manner.

When 51% of the flats are sold through a registered Agreement, it is his responsibility to get the society registered.

As per the change in dates in Rera website to the one promised in the respective Registered Agreements the dates in the registered Agreement will hold good and considered.

Once the Agreement is registered the dates in the registered agreement matters the most and the dates on the website of rera are irrelevant.

If there is an delay in possession i.e., for offering occupation certificate beyound the date promised in the registered agreement then u can get the interest on the amount paid under Section 18 of RERA and if u do not want to stay on the project can get the entire money back with interest.
Can call for any other further clarification.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."