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

Detailed Legal Analysis

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

RERA was enacted to protect the interests of homebuyers and promote transparency in the real estate sector. Here are your key remedies under RERA:

• Filing a Complaint: You can file a complaint against the builder with the Real Estate Regulatory Authority of Goa. This can be done if the builder has failed to deliver the project on time or has abandoned it altogether. You can approach the authority under Section 31 of RERA.
• Claim for Refund: As per Section 18 of RERA, if the builder fails to complete or is unable to give possession of the apartment, you have the right to demand a full refund of the amount paid along with interest.
• Compensation for Delay: If the builder has delayed possession beyond the agreed timeline, you can seek compensation for the delay under Section 18(1) of RERA. The compensation can be calculated based on the interest specified in the agreement.
• Seeking Alternative Accommodation: If the project is abandoned, you may also have the option to request an alternative accommodation, which should be equivalent to what you booked, subject to availability, as provided under RERA provisions.
• File a Civil Suit: Besides approaching RERA, you may also consider filing a civil suit in the local court for breach of contract against the builder for damages or specific performance, as per the Indian Contract Act, 1872.
• Engage a Legal Professional: It is advisable to consult with a legal professional who specializes in real estate matters to guide you through the process, including documentation and representation.

To initiate the complaint under RERA, you will need to gather the following documents:

• Copy of the sale agreement
• Payment receipts
• Any correspondence with the builder regarding the project
• Proof of identity and residence

In summary, your remedies under RERA offer both legal and financial recourse to help you deal with an abandoned project. Make sure to act quickly given the time limits associated with filing complaints and seeking refunds or compensations.