Last Updated on March 28, 2019 by Legalseva.net
Real Estate Regulatory Act, RERA in short was made to expedite resolution of disputes amongst builders and allottees in a fair, transparent and quick manner possibly within 60 days as the central act says so.
But the reality is not far away from the procedural complexities and it is really tight to fulfill 60 days timeline but nevertheless Punjab RERA Authority is marching steady towards it.
Now that finally confusion of form M and N is gone, you May have a sigh of relief!
For those of you, who haven’t , read it here- RERA PUNJAB FORM M AND N FINALLY SETTLED
Now you have two options to avail before RERA Punjab Authority and Adjudicating Officer
1 Seek refund and withdraw from project with compensation.
2 Choose to stay in project but claim interest for per month delay.
The first option lies with Adjudicating Officer as the RERA Punjab Appellate Authority has clearly said in its order in Sandeep Mann vs. RERA Punjab & Anr. This is what we called as Form ‘N’ which confuses many while submitting the complaints online on the website of RERA Punjab.
Also Read- LEGAL NOTICE BEFORE RERA CASE FOR ANY DEFICIENCY
The second option goes to Real Estate Regulatory Authority Punjab under Form ‘M’ as per Appellate RERA Punjab’s order. Here the consumer stays in project but claim interest for each months delay which is stipulated as SBI MCLR plus 2%.
So where’s the catch?
Now what if you choose to stay in project and claim compensation for defects under Section 12,14,18 & 19 ?
Also Read- REFUND AND COMPENSATION UNDER RERA PANCHKULA AND PUNJAB
The complaint would be filed before the Adjudicating Officer in this case as the appellate RERA Punjab Tribunal clearly says in its orders that is if any relief include compensation it should all go before Adjudicating Officer.
Wait! Don’t leave it here. Read on. There’s more confusion in the end.
Can you file complaint for workmanship defects or deficiencies as promised with builder without taking possession?
The Answer is NO. Says RERA Authority as if this is the state so than possession can’t be offerred to any allottee if they keep coming to courts and agitate their claim on one or the other ground.
Also Read- PROCEDURE STEPS OF COMPLAINT IN RERA PANCHKULA AUTHORITY
First the possession has to be taken and then all deficiencies can be looked into as envisaged under Section 14(3) of the RERA Act which provides coverage for 5 years even after taking the possession.
But before that you have to give legal notice in writing to builder and 30 days to resolve/remove defect or dispute . If he does not do so, then approach the RERA Court.
Let us read the section 14(3) for a moment:
(3) In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter’s failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act
Also Read- EXECUTION OF RERA PANCHKULA ORDERS
Section 14 also talks about Adherence to sanctioned plans and project specifications by the promoter . So in case while offering possession , you have been asked to pay for the increased amount, and if you seek compensation in lieu of the same, then remedy lies before AO (Adjudicating Officer ) which is form N.
Also if the builder is not settling full and final account statements with you in a fair and transparent manner then also RERA Authority may be approached under Form ‘M’ for directions.
The RERA Punjab Authority strictly works on the basis of relief claimed and then file complaint under form M or N.
Also Read- APPEAL TO HARYANA REAL ESTATE APPELLATE TRIBUNAL AT CHANDIGARH
One must take free legal advice or legal opinion related to property matters or delay in possession from top/best /expert RERA Punjab lawyers or Haryana RERA Panchkula Authority Advocates in case of any confusion. Their advice may go in long run from saving your time and returning your money with interest.
So think wisely about having a professional legal advice on RERA matters in Chandigarh Panchkula Mohali (Punjab and Haryana).
Also Read- FAQS RERA PUNJAB HARYANA PANCHKULA
For more info on subject, please dial 99888-17966. This post is written by Advocate Satish Mishra practicing in Courts of RERA Punjab and Haryana RERA Appellate Authorities in Chandigarh.
