Mayank
Q: Hi, I had purchased a flat in 2013 in Noida sector 75. UP and builder is giving the possession now i.e. 2 years delay. due to the halt in construction i also delayed in paying the builder, so now at the time of possession builder has charged interest 18 p.a. and giving 5 rs p.sq.ft as penalty (which are as per the BBA). I tried to persuade the builder to waive off the interest which he has charged but all efforts went in vain. Builder has also applied for the OC with Noida authority on 9-Oct-2016 and RERA in UP was notified on 27-Oct-16. Now with the RERA in place in UP, i see that the builder and project is registered on UP rera website, but i am not sure if the builder comes under the RERA act, Which if applied should compel the builder to compensate me on the same rate of interest which he is charging me. Could you pleae help to identify if the builder is under the RERA? and if i should go ahead and take the action against the builder and register the complaint against him on the UP RERA website.

Latest Answer: As per your agreement when was the possession date? If builder will have given you delay possession then you can file a case against the builder for delay possession and ask for the compensation. And secondly, if builder has not register its project with RERA then the entire project will considered as illegal and builder has to pay a hefty amount the Noida Authority as penalty.

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