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

Detailed Legal Analysis

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

Under RERA, the following key provisions can help you seek redressal:

• File a Complaint: You can file a complaint against the builder with the Real Estate Regulatory Authority (RERA) of Goa for non-compliance with the terms of the agreement.
• Claim for Refund: If the project is abandoned, you are entitled to a complete refund of the amount paid along with interest as per Section 18 of RERA.
• Compensation: Under Section 18(1), if the builder fails to complete or is unable to give possession of an apartment within the stipulated time, you can claim compensation for any loss incurred due to the delay.
• Withdrawal from the Project: You have the right to withdraw from the project. Upon withdrawal, the builder must return the amount paid, along with interest and compensation as per the agreement.
• RERA Authority Proceedings: The complaint must be filed with RERA within 5 years from the date of the occurrence of the issue, as per Section 31.

To initiate your complaint, follow these steps:

• Gather Documentation: Collect all relevant documents, including the sale agreement, payment receipts, and any correspondence with the builder.
• Submit a Complaint: File a written complaint with RERA, detailing the issue and the remedies sought. Ensure to include a copy of all supporting documents.
• Attend Hearings: Be prepared to attend hearings if required. RERA will facilitate the resolution process and may summon the builder for a hearing.
• Follow up: Keep track of the complaint status and respond promptly to any queries or requests from RERA.

Additionally, if RERA proceedings do not resolve the issue, you may consider approaching the consumer court under the Consumer Protection Act, 2019, for further remedies.

Remember that RERA is designed to protect buyers and ensure transparency in real estate transactions, providing a robust mechanism for grievance redressal.