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

Detailed Legal Analysis

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

Under RERA, the following remedies are available to homebuyers:

• File a Complaint with the RERA Authority: You can lodge a complaint against the builder with the RERA authority of Madhya Pradesh. The authority is mandated to resolve disputes between buyers and builders.
• Claim for Refund: If the project is abandoned, you can claim a complete refund of the amount paid to the builder along with interest for the delay under Section 18 of RERA. This section states that if the builder fails to deliver possession of the flat as per the agreement, the buyer has the right to withdraw from the project.
• Seek Compensation: You may also claim compensation for the financial losses incurred due to the delay or abandonment. This can include costs for alternative housing and other associated expenses.
• Request Completion of the Project: If you prefer, you can request the RERA authority to direct the builder to complete the project. If the builder fails to do so, the authority may appoint another builder to finish the project.
• Approach Consumer Forums: Apart from RERA, you can also file a complaint in the Consumer Disputes Redressal Forum under the Consumer Protection Act, 2019, claiming deficiency in service by the builder.
• File a Legal Suit: If you do not receive a satisfactory resolution through RERA or consumer forums, you can file a civil suit against the builder for breach of contract and seek damages.

To initiate the process, you will need:

• Copy of the Sale Agreement and payment receipts.
• Details of the project and its current status.
• Any correspondence with the builder regarding the project.

It is crucial to act quickly, as RERA stipulates that complaints should be filed within a period of two years from the date of the occurrence of the cause of action. Make sure to keep all documentation organized to strengthen your case.