I booked a flat in Ludhiana 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 under the Real Estate (Regulation and Development) Act, 2016 (RERA).

Under RERA, the following steps can be taken to seek redressal:

• File a Complaint with RERA Authority: You can file a complaint against the builder with the RERA authority in your state. In Punjab, this would be the Punjab Real Estate Regulatory Authority. The complaint can be filed for non-compliance with the terms of the agreement and for abandonment of the project.
• Compensation for Delay: According to Section 18 of RERA, if the builder fails to complete the project on time, you are entitled to claim compensation. You can seek a refund of the amount paid along with interest for the delay.
• Seek Possession: If the project is delayed, you can also demand possession as per the terms of the agreement. If the builder fails to provide possession, you can file a case against them for breach of contract.
• Claim Refund: Under Section 18(1) of RERA, if you choose to withdraw from the project due to abandonment, you are entitled to a full refund of the amount paid along with interest. You must formally notify the builder of your decision to withdraw.
• Engage Legal Counsel: It is advisable to consult with a lawyer who specializes in real estate law to assist in filing complaints, drafting legal notices, and representing you in proceedings, if necessary.
• Involve Consumer Forum: If you do not receive a satisfactory response from RERA, you can escalate the matter to the Consumer Forum under the Consumer Protection Act, 2019, for further redressal.
• Document Everything: Ensure you keep all records of payments, agreements, and communication with the builder as evidence to support your claim.

It's important to act promptly as there are time limits for filing complaints under RERA. Generally, the complaint must be filed within a period of five years from the date of the cause of action. Make sure to keep track of all relevant timelines.

By following these procedures, you can seek appropriate remedies against the builder for abandoning the project and ensure your rights as a homebuyer are protected under RERA.