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

Detailed Legal Analysis

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

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

• File a Complaint: You can file a complaint with the Real Estate Regulatory Authority (RERA) of your state. In Tamil Nadu, this is the Tamil Nadu Real Estate Regulatory Authority. The complaint can be filed under Section 31 of the RERA.
• Claim for Refund: You are entitled to a full refund of the amount paid along with interest if the builder fails to complete the project. This is supported by Section 18 of the RERA, which provides for the right to return your investment if the possession is delayed beyond the promised date.
• Interest on Delayed Possession: If you have not received possession of the flat as per the agreement, you can claim interest on the amount paid. Under Section 18(1) of RERA, the builder is liable to pay interest for every month of delay.
• Engage the Conciliation Mechanism: RERA provides for a conciliation process to resolve disputes amicably. You can approach the conciliation forum under Section 32 of RERA.
• Seek Legal Action: If the above measures do not yield satisfactory results, you can approach the Consumer Forum for redressal under the Consumer Protection Act, 2019, claiming deficiency in service and seeking compensation.

Additionally, you should gather all relevant documents, such as the sale agreement, payment receipts, and any correspondence with the builder, as they will be essential for substantiating your claims.

It is also advisable to consult with a legal expert specializing in real estate law to navigate the complexities of your case effectively. This will ensure that your rights are protected throughout the process, and you receive the remedies you are entitled to under the law.