Last Updated on February 1, 2019 by Legalseva.net
It is not always that a homebuyer is the aggrieved party but at times builder out of no fault of his own has to stall projects and cause delay in giving possession. It can be force majeure or government approvals or change of plans.
Thus, there can be a situation where refund or withdrawal from the project under RERA can be refused and instead delay compensation may be awarded as per rules of Haryana Real Estate Regulatory Authority.
RERA Gururgram Chief has made it clear that the refund request can’t be entertained if 40 percent of the project is completed.
Also Read- APPELLATE AUTHORITY FOR RERA GURUGRAM
Haryana RERA admits complaint even though the project has got Occupation Certificate /Completion Certificate if there is some defect or deficiency as laid down under Sec 18 (3) of RERA Act.
The rule of refund is followed in rare cases as a matter of policy ruled RERA Gurugram Chief. Rather interest of many should be considered against demand of one, else refund would lead to non-completion of project.
RERA Haryana authorities has made it clear that if builders will try to circumvent the law then stringent actions will be taken along with penalties.
Also Read- HOW TO CHECK WHETHER PROJECT IS REGISTERED WITH RERA PANCHKULA
RERA has definitely made it a level playing field when it comes to penalty for delayed possession. Earlier builder used to charge 18 to 24 percent in case of default of consumer whereas for his own default Rs 5 or 10 sq. Ft was used to be given which was against the interest of consumers but RERA brought uniformity by bringing uniform rate of compensation i.e. SBI MCLR plus 2%.
The prescribed rate varies between 10.25 to 10.75 % . For compensation for mental harassment and litigation, separate claim needs to be filed under Form N to the adjudicating Officer.
It is suggested to file Form M , application to authority first but both and M and N, application to the Adjudicating Officer can be filed simultaneously.
Also Read- REGISTER YOUR COMPLAINT ONLINE WITH RERA PANCHKULA
RERA is devising solution to form a mechanism along with NAREDCO and CREDAI to finish unfinished projects.
RERA Authority has already settled this thing that mere applying for Occupation Certificate / Completion Certification before July 28, 2017 doesn’t exempt the builder.
Those who have got partial occupation certificate even their claim is to be tested whether it was genuinely submitted or not. Haryana RERA Authority has already held that RERA Act itself doesn’t mention that it is applicable to registered projects only but if a buyer finds defects in the structured unit, he can still approach RERA for redressal.
Projects that are exempted under RERA are:
1 Projects that are 500 sq m and have less than 8 flats.
2 Projects where completion certificates are already given.
RERA ACT contemplates 60 days of time for resolution of complaints filed against builders once the notices have been issued. The same is applicable for appeals.
Also Read- APPEAL TO HARYANA REAL ESTATE APPELLATE TRIBUNAL AT CHANDIGARH
Simmi Sikka versus Emaar MGF case has already prevented dilution of RERA Act by Haryana RERA rules. The new projects before soliciting are mandatory to be registered with respective Haryana RERA Authorities at Panchkula and Gurugram.
From the news where RERA Haryana ordered refund to the homebuyers:
1 Supertech Limited for the project “Supertech Hues” at Sector 68 Gurgaon. Read story.
2 Residential projects to be tracked through website in Haryana. Read story.
3 Haryana RERA Panchkula and Gurugram Authority covers past projects also. Read story.
4 RERA Complaint maintainable even if the developers have Occupation Certificate. The decision came in BPTP project in Faridabad by RERA Panchkula Authority. Read story
5 Parsvnath Royale Pocket B in Sector 20, Panchkula where RERA Panchkula fined Parsvnath Developers for not complying with its orders. Read story.
Also Read- COMPENSATION BY HARYANA RERA PANCHKULA AUTHORITY?
For more info, please dial 99888-17966.
