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

Detailed Legal Analysis

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

Under RERA, the following options are available to homebuyers:

• Filing a Complaint: You can file a complaint against the builder with the Real Estate Regulatory Authority (RERA) of Uttarakhand. This can be done if the builder fails to deliver your property on time or abandons the project altogether. The complaint can be filed under Section 31 of RERA.
• Claim for Refund: If the project is abandoned, you can claim a refund of the amount paid along with interest. The interest is calculated at the rate specified in the agreement or as per the provisions of RERA, as per Section 18 of the Act.
• Compensation: You may also be entitled to compensation for any loss or damage suffered due to the abandonment of the project. Under Section 18(1)(b), if the builder fails to complete the project, you can seek compensation for the same.
• Request for Possession: If the project is revived or completed later, you have the right to seek possession of the flat. The builder is bound to deliver the flat in accordance with the terms and conditions of the sale agreement.
• Engaging Legal Assistance: It is advisable to engage a lawyer specializing in real estate to assist you in navigating the legal complexities and to represent you before RERA or in civil courts if necessary.

Steps to file a complaint with RERA include:

• Gather all relevant documents, such as the sale agreement, payment receipts, and communication with the builder.
• Draft a complaint highlighting the details of the issue and the remedies sought.
• Submit the complaint online or in person to the RERA office along with the necessary fees.
• Attend the hearings as scheduled by RERA and present your case.

In Haldwani, the Uttarakhand RERA Authority will assess your complaint and take appropriate action against the builder for non-compliance. Always ensure to keep records of all transactions and communications with the builder, as these will be crucial for your claim.