Saturday 9 March 2019

MahaRERA order where I represented for client - Sec.18 interest claim for delayed possession


1 comment:

  1. Hello Mam,
    It is good to get updates on topics of RERA. Thank you for the same.Recently you shared a judgement on mail regarding late poessession interest was given to the cliemt as benefit .
    Refering to above topic, I have a query regarding a client. Can you please guide with the same.
    Brief:
    1. The client have booked a commercial shop in a commercial building in a prime location road front of 3700 sq ft (built up area) in 2011
    2. The whole payment has been given to the builder in 2012 through Bank loan .
    3. The client has also finished paying the Bank loan.
    4. The building is still not yet completed by the builder nor the possession has been given by the builder. But our shop in the building is complete. The builder cannot open the project for use as completion is not yet given.
    5. It has been since 2013 the building is at this stage.
    6. Also the builder has revised the completion date in rera 31 march 2013 to 31 march 2019
    7. The document does mention 18 months from the document date that the poesseeion will be given and says anything compensation of 9% in case of refund if there is delay from builder.
    8. The client wants to keep the property and does not what his amount refunded.
    My query is that .
    a) Can client file a complaint for compensation of opportunity loss and interest for these many years where all the payment has already been given to the builder.
    b) Point is that they have revised the completion date in RERA. Will client have to wait till this date to file the complaint.
    Can this case stand by the clients side at this point of time

    Hope to get an advice from your side.
    Thanking you in advance.
    Regards,
    CA Pratik Adgaonkar
    Nashik

    .

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