RERA Cases

Our advice on: Property Law & RERA Cases

Possession without occupancy certificate

Occupancy certificate or completion certificate is an important document because it proves that the flat is fit for occupancy or living. It also proves that the builder has constructed the builder as per the permission granted by the competent authority. If a flat buyer takes possession in absence of occupancy certificate it may cause harm to his property rights.

Builder giving possession in another apartment

Builder cannot give possession in another apartment because it is a breach of agreement to sell. When the builder has signed an agreement to construct a particular flat for the buyer, later on he cannot unanimously decide to give possession in another apartment. The buyer has to decide whether he wants possession or claim refund of money from the builder.

Society has embezzled corpus fund

Corpus fund is constituted by the small contribution of the flat owners. This fund is necessary for maintenance of the property. The society’s bye laws explicitly makes provisions for expenses out of the corpus fund of society. If the former officer bearer of society has embezzled the corpus fund they have committed an offence.

Builder causing a delay in giving possession

I booked a 1 BHK property in Navi Mumbai Taloja in 2013, all formalities were completed and I paid 20% and EMI started from May 2013. Now the builder causing a delay in giving flat. However, we haven’t received the possession and the construction work went on hold in 2015, post which the builder...

Builder is not returning my booking amount

Hello sir, I have booked a flat in Lucknow, the builder said that the time of booking that the project will accomplish in the year 2017. After taking faith upon him, I paid one lakh rupees as booking amount in the year 2015. When I visited the site in the year July 2018 for clarification that what...

Claim refund of money against the builder under RERA

Section 18 of the Real Estate (Regulation And Development) Act, 2016 (RERA) entitles the flat buyer to claim a refund of money and compensation for any loss from the builder. If the builder did not complete the project within time he shall be liable to refund the money with interest.