What if the Builder Delays in Handing Over the Flat? Birla Evara
Homebuyers ask, “What if the builder delays in handing over the flat in Birla Evara?” The builder, Birla Estates, is known for its timely delivery. It is one of the country’s best-known builders with a strong name built on buyer trust.
The question is valid because a delayed handover causes a lot of stress and money problems. There are Supreme Court judgments to help buyers in these situations. Recently, it ruled that builders must pay the same interest that they charge buyers for delays.Buyers can also get help through RERA.
For delays, the RERA Act’s Section 18 (1) (a) helps buyers get compensation. It is only valid if the project is RERA registered. The must be a formal sale agreement with a clear date of possession. The delay must not be due to force majeure affecting the project. It could include events such as floods, earthquakes, war, fire, etc.
Birla Evara is RERA registered (PRM/KA/RERA/1251/446/PR/060225/007487). If the builder delays in handing over the flat in Birla Evara, buyers can claim compensation. The following criteria must be met:
- They must have a sale agreement with a clear date of possession.
- The builder does not give a valid reason for missing the date.
- If buyers are paying EMI or rent because of the delay, the claim must mention it.
The following is the process to claim compensation under RERA:
- >Submit copies of the sale agreement/letter of booking. Proof of payments and written communication with the possession date must be submitted. Proof of delay (site photos, update of progress) must be included. Proof of losses, such as EMI statements and rent receipts, is also to be given.
- The complaint will be filed with the RERA Adjudicating Officer (AO). It can be filed online, but if needed, a physical copy may be submitted.
- There will be a hearing, which must be attended.
- If the AO rules in the buyer’s favour, compensation will be given. It will be a monetary refund with 10% interest and rent paid by the buyer.
If compensation is not paid, buyers can move under Section 40. A recovery notice will be sent to the DM. The builder’s bank accounts can be seized by the DM, or their assets can be auctioned.
Compensation for non-delivery of a home is a capital receipt and not applicable for income tax.
Birla Estates is one of the most trusted builders in India. It has lakhs of satisfied buyers and is known for completing projects on time. However, if the builder delays in handing over the Birla Evara flat, RERA will help them.
