Will Possession date as submitted in RERA website binding?

By Sanjay Chaturvedi LLB, Ph.D.

WRIT PETITION NO. 2737 OF 2017, Bombay High Court. Judgement pronounced on 6th December 2017

Hon’ble High Court Observed in its Judgement in para 256 as:  Section 4(2)(l)(C) enables the promoter to revise the date of completion of project and hand over possession. The provisions of RERA, however, do not rewrite the clause of completion or handing over possession in agreement for sale. Section 4(2)(l)(C) enables the promoter to give fresh time line independent of the time period stipulated in the agreements for sale entered into between him and the allottees so that he is not visited with penal consequences laid down under RERA. In other words, by giving opportunity to the promoter to prescribe fresh time line under Section 4(2)(l)(C) he is not absolved of the liability under the agreement for sale.

Credits: Landmark Judgements of RERA (Book)

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