Last Updated on September 16, 2018 by Legalseva.net
Buyer can’t be forced to live in an isolated place while other parts/area of the project is not developed held RERA Punjab in a case ; Sanjay Sharma vs Omaxe Chandigarh Extension Developers Pvt. Ltd .
Hence the RERA Authority of Punjab held there can’t be occupancy certificate (oc) sans completion certificate (cc). It is therefore a legal prerequisite to complete the project rather individual plots or villa.
Also Read- RERA Retroactive not Retrospective
Timeline
1 The buyer booked the semi built villa for whopping Rs. 1.33 crore on October 2015.
2 Delivery of possession to be offered within 6 months but only offered on May 2017.
3 Occupancy certificate taken in Nov 2015.
4 Punjab RERA Authority held then why did the Omaxe Chandigarh builder took so much time to deliver possession.
5 Thus despite of having OC, the project lacked other development works and thus can’t be said the project was complete. Therefore no validation of Occupancy Certificate in dearth of Completion Certificate.
Law point – Individual villa can’t be treated as project -PRERA.
Also Read- RERA Salient Features
What went wrong for builder is that despite paying 100% sale consideration, they threatened buyer of cancelling allotment noted adjudicating officer of Punjab RERA Authority, Mr. Khushdil.
Award – The award came in favour of builder and compensation for delay is awarded as per SBI MCLR plus 2% rate of interest which comes out to be 40 lakhs as per RERA advocates and lawyers for buyer.
Rs. 50 k is also awarded for mental agony and pain.
Also Read- FAQs RERA Punjab Haryana Panchkula
Conclusion – RERA Punjab Authority has paved way for projects where Occupancy Certificate was granted but still Completion of work was to be done.
Home Buyers and consumers can now approach RERA Authority in Punjab for registered projects only and get the justice done.
Also Read- Does RERA cover commercial projects?
Delay in possession itself is a deficiency of service settled through numerous judgements of consumer courts across the country. There shouldn’t be a single thought on approaching RERA when there is a delay in offering possession even for a single day.
The penalties in RERA are stringent enough book the culprit and pay for monetary damages (approx. Interest @11%).
Also Read- Unregistered Projects in RERA Punjab and Haryana at Panchkula
RERA is the way forward when you are in dilemma over approaching; whether to file complaint in consumer court or RERA Punjab?
For Registered Projects – Punjab RERA
For unregistered Projects -State Consumer Disputes Redressal Commission Punjab for project over 20 lakhs cost.
For Poor building material and Maintenance of the society/project – District Consumer Redressal Forum/Court for any inconvenience.
For everything else, LegalSeva. Just Dial 999888-17966 or write to us at [email protected]
Also Read- What if builder doesn’t comply with RERA orders?
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