4) The Allottee is entitled to demand reimbursement of the amount paid, as well as the prescribed interest, as well as compensation in the manner provided by this Act, to the proponent of the project if the developer does not take possession or does not own the dwelling, the land or the building, according to the terms of the contract of sale or because of the termination of his activity as a promoter because of the suspension or revocation of his registration in accordance with the provisions of this Act or the rules provided for in it. By analyzing the provision, we can understand that the document listed in it is an agreement for sale. Moreover, the fact that the agreement on the sale as such falls within the category of Article 17, paragraph 2, of the Registration Act as a non-binding document. Hello, I booked an apartment with M/s Migsun in 2017, I paid 10% amount and the balance financed by ICICI Bank, until today bank paid all the amounts claimed by Denbauer. According to the date of the contractor`s agreement was 2019. On September 4, 2020, I received a pre-payment letter from the owner saying that please you will pay all taxes and we will send the property after 90 days. Also a late charge of Rs 80734, after discussion, they agreed to reduce these fees and late charges Rs 44567/- I pay all my IMEs at the right time. As I booked my Flay as a bare unit, so the domestic fees and the extra payment of the loan also paid. Until the date, I paid preEMI cost Rs 310,000. I paid all my fees on October 1, 2020 except late fees.
Even the owner gives possession late for a year. Please suggest what I should do for these late fees. Although the RERA Act of 2016 provides for a non-fruit clause in Section 89 and applies as a result of the same RERA through the Registration Act 1908. On the other hand, it also raises another question as to whether a sale agreement creates a right, title or interest in the property? With the written possession date, gives buyers the assurance that the developer will deliver in a timely manner in accordance with the agreement and that their investment is safe, says José Braganza, MD Joint, B-F Ventures (P) Ltd. Therefore, it should be concluded that the RERA Act 2016 on the Law of Registration in Power must be sold for the purposes of the agreement, because the sale agreement does not provide clear title, but can be implemented in court, in accordance with the provisions of the RERA Act 2016. The question of where the agreement does not mention a specific date for possession or where there is no date from which the date of possession can be calculated has been considered by different courts. Sulaiman Bhimani, an RTI activist and president of the Citizens Justice Forum, who has fought against many related cases on this subject, said: „This is a trick that has been adopted by developers to evade the laws by not mentioning the date. In Hirjee`s case, the matter was resolved by the real estate authority, although the date of detention was not mentioned in the agreement. Previously, there was no clarity as to the remedy of these types of issues. Now, homebuyers can go to the Consumer Court or the RERA and file a complaint for the contractor`s commitment or for undue delay. If the buyer is dissatisfied with the order, he can challenge it in the Court of Appeal within 60 days. The next appeal against the Decision of the Court of Appeal can be filed before the Supreme Court of the States concerned.