Q: Hi! I had bought two units in Imperial Heights, Goregaon W, Mumbai in 2015. The handover has been delayed repeatedly and last year in RERA the builder had declared June 2019 as handover date and now they are applying for extension to June 2020 to RERA. We can't afford paying rent and EMI every month. What is the legal recourse that can be taken?
The RERA authority may extend the registration granted to a project on the basis of the facts of the case, where the delay in the particular project is not due to default on the part of the promoter. However, in any circumstance, such extension shall not exceed a period of one year. As this project has already get extension by the RERA authority, this time they will have to pay penalty and the compensation to the buyers.
There are six important provisions in RERA that may prevent the builders from delaying the projects and stick to deadlines rather than making a default. RERA has taken steps to not only make the promoter accountable but also make them pay compensation and penalty in cases of default of any provision of the rules. So, if your builder will ask for the extension, in that case, RERA will ask them to pay the penalty of delay.
Hello Prattyush, I would advise you to make a complain to the RERA authority in groups and force state RERA not to extend the date as you all have to pay huge EMI burden. And I am sure your state RERA will ask them for the reason of extension. They already know that project is getting delayed by 3 years. So, without any valid reason they will not give extension and if they give extension then they will must look for the buyers aspect as well.