Usually, some developers do not hand over the flat within the deadline. In that case, the RERA Act has provided a facility to get compensation from the developer for the delay in handing over. However, buyers should note that no delay compensation is available after possession of the flat. According to the provisions of the RERA Act, violations must have occurred at the time of the complaint. Only then can you get compensation. If the delay continues until the time of filing the complaint, the developer is entitled to compensation under Section 18 of the RERA (Compensation) Act. Maharashtra RERA recently solved a case in this regard.
A person named Girish Bhoit bought a property from Paranjpe Schemes Construction Ltd. in Pune for Rs 50 lakh in 2015. According to the agreement, it should be handed over by March 2019. However, the buyer took possession of the property in May 2022. Later, a complaint was filed with the Maharashtra RERA seeking compensation for the delay. The developer contended that since the complaint was filed after possession of the apartment, it was not actionable. It is reported that the reason behind this was a delay in getting environmental clearances, and the COVID situation was another reason for this. The builder said that he got the occupation certificate in April 2021, and although he told the buyer the same, he did not take possession of the flat until May 2022. However, they explained that they had taken the old GST to maintain a good relationship with the buyer. Also, they have waived the annual charges related to the maintenance of the apartment. RERA agreed with the arguments of the developer. It is clarified that since the complaint was filed after possession of the flat, no compensation under Section 18 can be obtained.
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