How long does a buyer have to file a complaint against a builder under the Real Estate (Regulation and Development) Act, 2016, for possession delays?

Detailed Legal Analysis

A buyer has a period of two years from the date of possession delay to file a complaint against a builder under the Real Estate (Regulation and Development) Act, 2016.

The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to protect the interest of homebuyers and promote transparency in the real estate sector. Under this Act, various provisions exist for addressing grievances related to possession delays and other issues concerning builders.

• Timeframe for Filing Complaints:
  • According to Section 31 of RERA, a buyer can file a complaint with the Real Estate Regulatory Authority (RERA) within two years from the date of possession delay.
• Grounds for Complaint:
  • Buyers can file a complaint if the builder fails to hand over possession of the property as per the agreed timeline specified in the sale agreement.
  • Additionally, complaints can be made regarding quality of construction, non-compliance with the sanctioned plan, and other breaches of the terms of the agreement.
• Filing Process:
  • Complaints can be filed online or offline with the respective state RERA authority.
  • The complaint must include necessary documents, such as the sale agreement, payment receipts, and any correspondence with the builder.
• Redressal Mechanism:
  • RERA authorities are mandated to address the complaints within a stipulated time frame, typically within 60 days of filing.
  • In cases where the builder is found guilty of delaying possession, RERA can direct the builder to pay compensation to the buyer.
• Appeal Process:
  • If a buyer is not satisfied with the decision of the RERA authority, they can appeal to the Appellate Tribunal within 60 days of the decision.

It is essential for buyers to keep track of their timelines and ensure that complaints are filed within the stipulated period to safeguard their rights under the Real Estate (Regulation and Development) Act, 2016.