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

Detailed Legal Analysis

If a builder has abandoned a project in Bhilai, you have several remedies under the Real Estate (Regulation and Development) Act, 2016 (RERA).

Under RERA, you can take the following steps to seek redressal:

• File a Complaint with the RERA Authority: You can file a complaint against the builder with the RERA authority in your state. This can include claims for recovery of your invested amount along with interest and compensation for the delay or abandonment.
• Section 12: This section mandates that the builder must provide possession of the flat on or before the agreed date. If the builder fails to do so, you can seek compensation.
• Section 18: If the builder is unable to deliver the possession of the property, you have the right to withdraw from the project and claim a full refund of the amount paid, along with interest. This section ensures that buyers are protected against delays.
• Section 19: This section allows you to claim compensation for any loss or damage caused by the builder’s failure to deliver as per the agreement.
• Section 20: You may approach the RERA Appellate Tribunal if the RERA authority does not provide a satisfactory resolution. The appeal must be filed within 60 days of the order being communicated.

In addition to these remedies, consider the following:

• Documentation: Collect all relevant documents such as the booking receipt, agreement, payment receipts, and any communication with the builder. This documentation will support your case.
• Legal Notice: Before approaching RERA, you may send a legal notice to the builder, demanding completion of the project or refund of your money. This step can sometimes prompt the builder to act.
• Engage a Lawyer: It may be advisable to consult a lawyer who specializes in RERA cases to help you navigate the process and represent you effectively.

By utilizing the provisions under RERA, you can assert your rights and seek appropriate remedies against the builder for abandoning the project.