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Deepika Kumar
posted on 6 MayRERA ke baad bhi builder agreements itne one-sided kyon?
Builder-buyer agreements RERA ke baad bhi itne one-sided hain. Gaursons ke project dekh raha hoon Yamuna Expressway pe. Delay clauses mein builder ko full protection hai, humein kuch nahi. I'm in real estate, but buying for myself is tricky. RERA registration kaise check karein properly? Koi red flags hote hain kya? Kya RERA complaints effective hain?
#rera-compliance#builder-buyer-agreement#gaursons#yamuna-expressway#legal-advice
Comments
Haan bhai, it's like we're signing away all our rights. Super frustrating to see this even after RERA.
RERA is a good concept on paper, but in reality, it feels toothless against big builders like Gaursons who have been in the market since 1995. They have deep pockets and legal teams to bypass or delay RERA orders. The builder-buyer power dynamic hasn't really shifted much. With the current market conditions in Noida, where demand is high but projects are still getting delayed, it's a very stressful situation for first-time buyers like us. We put our life savings, and they play with our dreams.
So, if we have to file a RERA complaint, what's the first step? Is it complicated to do it ourselves, or should we definitely hire a lawyer?
I get your frustration, but I know a few people who actually got their money back or compensation through RERA. It's not always toothless, but yes, it requires persistence and a good lawyer sometimes. It's definitely better than the pre-RERA days where buyers had zero protection.
To properly check RERA registration, always go to the specific state's RERA website (e.g., UP RERA). Search by project name, builder name, or RERA registration number. It'll show you details like the approved plan, original possession date, and any amendments. For Gaursons, you'll find most of their projects, including those near Alpha I Greater Noida, listed there. If a project isn't registered or details are vague, that's a huge red flag.
Gaursons ka track record toh mixed hi suna hai, especially for projects on the Expressways. I booked a flat with another builder in Noida Extension a couple of years ago, and the possession got delayed by 18 months. The agreement had penalty clauses for the builder, but they were so low, it barely covered even a month's rent. RERA complaints work, but the process is long and tedious. My friend filed a complaint for his flat in Ajayabpur, and it took him almost a year to get a hearing. Is there any way to ensure the builder actually pays the RERA-mandated compensation without another lengthy legal battle?
Unfortunately, getting compensation even after a RERA order can be a struggle. Many builders challenge the order or delay payment. You might need to file for an execution petition with RERA or even approach the civil court. It's a long road, but it's the only legal recourse.
Your friend's experience with Ajayabpur sounds all too familiar. I also had a nightmare with delays. Booked a 3BHK in Gaur Yamuna City almost 4 years ago. Original possession date was Q4 2022. They've pushed it twice already, now saying Q2 2024. The agreement had a 'grace period' of 6 months, and after that, a measly penalty. I tried to follow up, but their customer service is non-existent. I'm so frustrated, thinking of just selling it off at whatever price I can get, even if it means a loss. RERA enforcement seems like a big challenge.
18 months delay is wild! Which project was this, if you don't mind sharing? Helps us all be careful.
Totally agree with the OP! RERA was supposed to bring transparency, but builder agreements still feel like they're written by builders, for builders. I'm looking at a project near Alpha II, Greater Noida, and the 'Force Majeure' clauses are insane. If a project is delayed, we hardly get anything, but if we delay a payment, the penalties are huge. How do we even fight this?
Fighting it is tough, bhai. Best bet is to get a legal review of the agreement before signing. And for RERA registration, you can check on the UP RERA website directly by project name or builder name. They list the registration number and project details.
Exactly! My friend booked a flat in Alistonia Estate and faced similar issues. The fine print is so tricky, it's almost impossible for a common man to understand all the loopholes. RERA should really scrutinize these clauses more strictly before approving projects.