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

Detailed Legal Analysis

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

Under RERA, you can seek various remedies that include filing a complaint with the Real Estate Regulatory Authority and potentially seeking compensation or a refund.

• File a Complaint:
  • You can file a complaint with the Maharashtra Real Estate Regulatory Authority (MahaRERA) against the builder for not completing the project as per the agreement.
  • The complaint should include details such as your booking details, the nature of the grievance, and supporting documents like the sale agreement.
• Claim for Compensation:
  • Under Section 12 of RERA, you can seek compensation for any loss incurred due to the builder's failure to deliver the project on time.
  • You may be entitled to interest on the amount paid, which is calculated at the rate prescribed by RERA.
• Request for Refund:
  • If the project is abandoned, you can request a full refund of the amount paid along with interest under Section 18 of the Act.
  • This request can be made when the builder fails to hand over possession as per the agreement.
• Engagement of Legal Counsel:
  • It is advisable to engage a legal expert specializing in property law to assist you with the process of filing a complaint and claiming dues.
  • A lawyer can also help ensure that your rights are fully protected throughout the proceedings.
• Follow Up:
  • After filing your complaint, keep track of the proceedings and ensure timely follow-ups with the authority.
  • Understand the timelines for hearings and decisions as stipulated by MahaRERA.

In addition, make sure to document all communications with the builder and retain copies of all agreements, receipts, and notices. This documentation will be crucial for your case. RERA aims to protect buyers' interests and provide a transparent mechanism to resolve disputes effectively.