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

Detailed Legal Analysis

If a builder abandons a project midway in Belgaum, you have several remedies available under the Real Estate (Regulation and Development) Act, 2016 (RERA).

Under RERA, the following steps can be taken:

• Filing a Complaint: You can file a complaint against the builder with the Real Estate Regulatory Authority (RERA) of Karnataka. This is the first step to seek redressal.
• Required Documentation: Prepare and submit the following documents with your complaint:
  • Copy of the booking confirmation or sale agreement.
  • Proof of payments made to the builder.
  • Any correspondence or communication with the builder regarding the project status.
  • Details of the project, including the RERA registration number, if available.
• Section 18 of RERA: According to Section 18 of the RERA Act, if the builder fails to give possession of the flat as per the agreement, you have the right to:
  • Request a refund of the amount paid along with interest.
  • Seek possession of the flat in case the project is completed.
• Compensation: If you choose to seek compensation, you may be entitled to claim compensation for any losses incurred due to the delay or abandonment of the project.
• Legal Recourse: If RERA does not provide satisfactory relief, you may approach the Consumer Forum under the Consumer Protection Act, 2019, citing deficiency in service.

Additionally, you can also approach the National Company Law Tribunal (NCLT) if the builder is a company and has defaulted on its obligations, as per the Insolvency and Bankruptcy Code, 2016 (IBC).

It is advisable to consult with a legal professional specializing in real estate law to guide you through the process and ensure that your rights are protected effectively.