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Query related to Property sale prior to RERA approval


Query related to Property sale prior to RERA approval

Last updated: January 21 2019
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  • Query related to Property sale prior to RERA approval


    I had booked a flat in Goa in July 2017 via cheque dated Aug and See 2017. The booking amount 10% was RS 2.25 L.

    The builder issued a agreement letter to sell with 18% GST implemented in future payment schedule in December. It was the first time I was informed of GST impact. I refused to sign it and asked to ensure GST rebate was given and tried negotiating on unit price to reduce the total burden due to GST. Builder did not respond and asked me to hold till the project received rera registration.

    The builder got rera registration in Oct 2018. Since then they are demanding rest of the payment with 12% GST. The completion date was also pushed more than one year. Due to the GsT impact and delay in schedule I am no longer interested in this project.

    I understand as per the provisions of the Real Estate ( Regulation and Development ) Act, 2016, no builder can sale or book any apartment, plot or building unless the builder got the RERA registration. Since this act was notified in May 2017 the promoter was in wrong taking booking amount from me without getting this property Rera certified.

    When I asked to refund the money the Goa builder has communicated on phone that the Rera was implemented in the State in March 2018. Since the booking amount was taken Aug/Sep2017 prior hence the terms and agreement of their booking will apply i.e.I will have to pay cancellation and wait for inventory to be sold. Please would you be able to verify this?

    I have asked the builder to write this on email.
    Last edited January 21 2019, 11:26 AM.
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