What is the new law for buyers in India for delay in possession?

Real Estate Regulation Act (RERA) is the new law for buyers in case of delay in possession by builders. It was introduced to address grievances of buyers and to bring transparency and accountability in country’s real estate sector. The Act provides for ways to tackle real estate problems if the builder if he delays possession or cheats buyers.

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How to recover money from builder if he delays possession? Do I have any legal remedy?

The legal remedies available to the buyer are two-fold: File Complaint to Regulatory Authority under RERA through a property lawyer in India if builder delays possession; File a complaint in the consumer court to recover money with interest. The Real Estate Regulatory Authority or the adjudicating officer of the Regulatory Authority is a statutory tribunal created by the RERA to bring accountability and transparency in the Real Estate sector in India. The changes that have been envisaged under RERA are massive for putting accountability on the timelines of builders. The promoter's promise will now have a legal standing to it. At the time of the signing of the final contract, the promoter is required to provide all the documents, as well as a declaration, supported by an affidavit stating the time period within which the project or the specific phase will get completed.

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What to do when there is cancellation of flat booking?

The cancellation of flat booking can be at two levels: If the buyer cancels, the builder is bound to pay back the deposit money along with the interest. If builder fails to pay, case can be lodged against him. If the cancellation is by the builder, he can be forced to deliver possession in stipulated time with added interest or costs to compensate for the lack of services. Tackling real estate problems can be a difficult task, however RERA has simplified the mechanism of addressing disputes.

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Can a buyer lodge an online complaint against builder?

You can lodge a complaint online if your State provides for RERA online portal. Currently, only a few States have an online RERA portal, and thus this remedy is limited to those States. Online complaint not only fastens up the entire process, but also ensures transparency and efficient disposal of cases. In case your State does not provide for an online portal you can hire best property lawyers in India.

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What is the complaint letter format against buyer?

The complaint letter format differs from state to state. A complaint letter under RERA can be for delay in delivery of possession, misuse of funds or delay in construction. The letter is directed to the Adjudicatory Authority. To ensure that your complaint is duly filed, you can consult the top RERA lawyers online and get your complaint letter drafted.

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What is the possession letter format for flat from builder?

The possession letter format differs from State to State. Possession letter is the letter denoting ownership rights issued by the builder in favour of the buyer. Buyer has the right to receive such certificate, failure on part of the builder to deliver the certificate, gives buyer the right to lodge a complaint. To ensure that your possessory rights are protected, you can consult the expert RERA lawyers in India and get your possession letter drafted.

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How do builders cheat buyers?

Builders pre-launch the flats without registering their site plan and cheat buyers by fleeing away with the money or abandoning the site or using the funds for construction of some other site. RERA prohibits this practice of misuse of the buyer’s trust. Further, the lack of any authority over the builders mandating them to get their site plan registered or to check accountability gave them autonomous power. Occupancy certificate and possession certificate under RERA, provides for an accountability regime for unscrupulous buyers.

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Who can apply for Building Completion Certificate or Commencement Certificate?

The builder has to apply as per RERA to obtain the building completion certificate or commencement certificate. The local civil bodies or Municipal authorities grant these certificates to the builder. However, if the builder fails to do the same the final home buyer must apply themselves. If you are applying individually through expert RERA lawyers in India, you may have to submit documents along with the application form; Copy of building sanction plan (building plan approval copy). Building Commencement Certificate. Copy of Building Completion Certificate. Latest Property Tax receipt Copies of No Objection Certificates (NOC) of pollution board or Airport authority etc.  

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Is there any late possession penalty on the builder under RERA?

RERA imposes penalty on late possession and for contravention of any other provisions under the Act. It may be in the nature of fine, imprisonment or both. RERA was enacted in the first place to check the delay in possession in real estate sector. The Real Estate Regulatory Authority has been given the mandate to ensure the wrongful practices of builders with respect to delaying possession time lines and otherwise committing fraud with the home buyers by taking advance without a final contract being signed or terms being agreed or misleading with advertisements etc are done away with completely.    

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Where should I lodge my complaint when builder delays possession?

Buyer can either lodge complaint in NCDRC or to RERA. It is advisable to file complaint with Real Estate Regulatory Authority or officer to ensure speedy disposal of cases. Further, the forum decides the remedy you will get. You can file a case relating to any issue of property in regards to cheating and delayed possession in real estate sector. You can file a case in NCDRC only if you can prove you fall within the definition of a consumer or if there is a class action suit against the builder.

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Can a complainant approach both regulatory authority under RERA and consumer forum for same dispute?

The buyer can only approach one of the two forums to get a remedy if project or possession is delayed. There is a comparison between remedies available under RERA and Consumer Protection Act and the forum needs to be chosen appropriately. Although, the consumer or the customer has both remedies available to him, he can approach only one forum at any given point of time. Choosing between RERA and NCDRC depends upon the remedy you seek. Thus, if you have a case pending in NCDRC, you cannot approach RERA simultaneously.

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What if I booked my flat before RERA came into force?

RERA will be applicable to such bookings and the rights of buyer are protected, only if the builder had not registered the project before the Act came into force. Real Estate Regulatory Act, 2016 is a recent development and does not apply retrospectively. Application of RERA retrospectively is dependent upon registration and delivery of possession of project. Unlike DRT, there exists no provision for mandatory transfer of cases to RERA for adjudication. However, you can file a case for cheating or fraud under Indian Penal Code, IPC with the help of best criminal lawyers in India since the builder defrauded you. You can also file a case for breach of contract and claim relief under Specific Relief Act, if the discrepancy and fraud can be proven with the help of a legal document. 

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How does RERA help buyers if builder delays possession?

RERA stands to the rescue of home aggrieved buyers and provides a remedy to file case and receive the property or compensation in case of delay in possession of property. To initiate proceedings before the adjudicating officer for compensation under RERA, the complainant needs to file an application stating certain minimum particulars. A good property advocate in India can draft and file a complaint with the RERA Authority. The format of the form with which the application needs to be filed may vary from state to state as per the different rules of every state. Hence application must be made in the prescribed format and must contain particulars similar to those required in the application to the RERA authority The minimum required particulars can be summarized as- The particulars of the applicant and the respondent. The RERA registration number and address of the project. A concise statement of facts and grounds of the claim. The reliefs and interim reliefs, if any, sought.  

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Can I file a class action suit (collective suit) if one builder has cheated many buyers?

Complainants can file a class action suit if one builder cheats many buyers in one building project. Such class action suit can be filed before NCDRC if the value exceeds Rs. 1 crore. Thus, class action suit ensures redressal of grievances of all buyers whose rights have been affected collectively. You can still file a case under RERA if you wish to do so. Filing a case before NCDRC ensures speedy disposal of cases as well as a collective remedy. You can find the best Property lawyers online.

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What are the other grounds under which a buyer can file a complaint under RERA against the builder?

A buyer can complaint against the builder with the help of best property real estate lawyers in India on the following grounds: Delay in Possession; False advertisement; Demand of more than the stipulated advance payment under the Act; Improper registration of project; No project details; Structural deficiencies; Transfer of majority right by promoter to a third party. Thus, Delay in Possession is not the only ground for filing a complaint under RERA. Though, it is the primary concern of aggrieved homebuyers.  

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