I booked a flat in Allahabad but the builder abandoned the project midway, what are my remedies under RERA?

Detailed Legal Analysis

If a builder abandons a project midway in Allahabad, you can seek remedies under the Real Estate (Regulation and Development) Act, 2016 (RERA).

Under RERA, the following steps and remedies can be pursued:

• File a Complaint: You can file a complaint against the builder with the Real Estate Regulatory Authority (RERA) of Uttar Pradesh.
• Eligibility to Claim: Ensure that your complaint is within the prescribed timeframe, generally within 5 years from the date of the occurrence of the issue.
• Documentation Required: Gather all relevant documents, including:
  • Booking receipt or agreement for sale
  • Payment receipts
  • Correspondence with the builder regarding the project
  • Any official communication regarding project abandonment
• Grounds for Complaint: You can file a complaint on grounds such as:
• Delay in project completion
• Abandonment of the project
• Violation of terms of the sale agreement
• Remedies Available: Under Section 18 of RERA, you can seek:
  • Refund of the amount paid along with interest
  • Compensation for the loss incurred due to the builder's failure
• RERA Authority's Role: RERA is mandated to:
  • Resolve disputes between buyers and builders
  • Ensure timely completion of projects
  • Protect the interests of homebuyers
• File an Appeal: If you are aggrieved by the decision of the RERA, you may file an appeal before the Appellate Tribunal as per Section 44 of the RERA.
• Additional Legal Action: If remedies under RERA do not suffice, you may also consider filing a civil suit for specific performance or damages in the appropriate civil court.

It is advisable to consult with a legal expert specializing in property law to ensure that all procedures are followed correctly and to enhance the chances of a favorable outcome.