Sample Allotment Letter From Builder [TOP] Download
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By enforcing the provisions of the RERA, the government wants to bring transparency in the transaction so as to ensure that the buyer does not go astray. Most of the builders are in agreement with this good move. This has been often observed by builders that whenever a letter is sent, the flow of money stops. So, the builders are willing to draft and execute the agreement with the buyer. However, certain constructs of builders, by endorsing lower prices, could deceive buyers.
Although the RERA has a provision regarding the allotment in phases, in this particular scenario, the delay is not being due to a phase-wise allotment. Purely because of the delay in obtaining the occupancy certificate and completion certificate of the towers, the occupation in the towers is not legal at all. However, the builder has assured in his letter that he shall soon get the certificates, and hence, he will hand over the possession to the buyer.
In the meanwhile, if the builder does not hand over the possession even after the issuance of notices, buyer's counsel can take up the matter with the concerned authority and the case will be settled by the concerned authority and the builder will be directed to pay penalty for every day the possession is not handed over.
We have provided a sample letter as a guide to the readers to draft a letter. However, it should always be kept in mind that each advocate may write the same way, yet, the words may be slightly different. This is because of the different circumstances of the case. Therefore, we suggest one must approach a legal expert to draft clear and short letters.
Moreover, we hope that the lawmakers would not change the entire complexion of the RERA Act on an immediately basis due to the anger of one or two developers or builders. It gives us a gut feeling that the rationale behind the RERA is to help the common man/ housewife so that they can have a sense of security and keep a watch on the builders/corporates. d2c66b5586