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

Detailed Legal Analysis

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

Here are the steps and options you can pursue:

• File a Complaint with RERA: You can file a complaint against the builder with the Bihar Real Estate Regulatory Authority (Bihar RERA) for violation of the RERA provisions, particularly under Section 18, which pertains to the return of the amount paid to the buyer in case of delay or abandonment of the project.
• Seek Refund with Interest: Under Section 18(1) of RERA, if the builder fails to complete the project or does not deliver possession, you are entitled to a refund of the amount paid along with interest. The interest is generally calculated at a rate prescribed by the Authority.
• Compensation for Delay: If you have incurred any losses due to the delay or abandonment, you can claim compensation as per the provisions of Section 18(1) of RERA. You may need to provide evidence of the losses incurred.
• Demand Completion of the Project: According to Section 18(2) of RERA, you can also choose to demand possession of the unit, provided you are willing to wait for the project to be completed, and the builder is liable to complete the project within a stipulated time frame.
• Raise Issues with the Builder: Initially, it might be beneficial to contact the builder directly to seek an amicable resolution. Document all communications for future reference.
• Engage Legal Assistance: If the builder does not respond or resolve the issue satisfactorily, consider engaging a lawyer who specializes in real estate law to help navigate the complexities of the situation and represent you in front of RERA.
• File a Civil Suit: If all else fails, you may consider filing a civil suit against the builder for breach of contract under the Indian Contract Act, 1872, seeking specific performance or damages.

Additionally, ensure that you keep all documents related to the booking, payments, and correspondence with the builder, as these will be crucial in any legal proceedings or claims.

By leveraging these remedies, you can seek justice and protect your rights as a homebuyer under RERA.