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

Detailed Legal Analysis

If a builder abandons a project midway in Kohima, you can seek remedies under the Real Estate (Regulation and Development) Act, 2016 (RERA).

Here are the steps and options available to you under RERA:

• File a Complaint: You can file a complaint against the builder with the Real Estate Regulatory Authority (RERA) of your state. This should be done within the stipulated time frame, typically within two years from the date of the occurrence of the issue.
• Claim for Refund: Under Section 18 of RERA, if the builder fails to deliver the possession of the flat within the agreed timeline, you are entitled to a refund of the amount paid along with interest. The interest rate is typically 2% above the prevailing State Bank of India’s Marginal Cost of Funds-based Lending Rate (MCLR).
• Seek Compensation: You can also claim compensation for any loss or inconvenience caused due to the builder's default, as per Section 12 of RERA, which covers cases of misleading advertisements and promises made by the builder.
• Request for Completion: If you still wish to acquire the flat, you can request the authority to ensure the completion of the project and handover of possession as per the original agreement.

Additionally, the following points are crucial to note:

• Documentation: Maintain all documents related to your booking, including the sale agreement, payment receipts, and any communication with the builder. These will be essential for your complaint.
• Time Frame: The RERA authority is required to dispose of the complaints within 60 days from the date of filing, ensuring a relatively swift resolution.
• Consumer Forum: If you are not satisfied with the RERA decision, you can escalate your case to the Consumer Forum under the Consumer Protection Act, 2019, within the prescribed limits.

It’s advisable to consult a legal professional who specializes in property law to guide you through the process and ensure your rights are protected. Remember, RERA offers a structured grievance redressal mechanism specifically to protect homebuyers against builder defaults.