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

Detailed Legal Analysis

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

Under RERA, the following steps and remedies are available to you:

• File a complaint with the RERA Authority: You can approach the Kerala RERA Authority to file a complaint against the builder. This is governed under Section 31 of the RERA Act, which allows homebuyers to file a complaint regarding any violation of the Act.
• Claim for possession: If the builder has delayed or abandoned the project, you may seek a directive for the builder to complete the project and hand over possession, as per Section 18 of the RERA Act.
• Demand for refund: If you choose not to continue with the project due to abandonment, you can claim a full refund of the amount paid along with interest. Section 18(1) mandates that the builder must return the amount along with interest within 45 days of the request.
• Seek compensation: You may also seek compensation for the losses incurred due to the builder's failure to complete the project, which may include additional expenses and loss of opportunity. This can be pursued under Section 12 of RERA, which deals with the liability of the builder in case of false promises.
• Register a case in Consumer Forum: If you are unsatisfied with the RERA's decision or the builder's response, you can escalate the matter to the Consumer Forum under the Consumer Protection Act, 2019. It provides for redressal of grievances related to service deficiencies.
• Join other affected buyers: If many buyers are affected by the same builder, you may consider forming a collective to strengthen your position. Legal action can be more effective as a group.

It's crucial to gather all relevant documents such as the booking receipt, agreement, communication with the builder, and any other proof of payments made. Proper documentation will support your case when filing complaints or seeking redressal.

In summary, filing a complaint with RERA, demanding possession or refund, seeking compensation, and considering collective action are your primary remedies under RERA as a buyer in Kochi.