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

Under RERA, you can seek redressal through the Real Estate Regulatory Authority, which aims to protect the interests of homebuyers and ensure accountability in the real estate sector. Here are the steps and options you can consider:

• File a Complaint: You can file a complaint with the RERA authority in your state. In Odisha, the authority is responsible for overseeing the implementation of RERA. The complaint can be filed against the builder for non-compliance with the terms of the agreement.
• Claim for Refund: Under Section 18 of RERA, if the builder fails to complete the project or delivers possession after the agreed date, you are entitled to a refund of the amount paid along with interest.
• Seek Compensation: Besides a refund, you can claim compensation for any financial loss incurred due to the builder’s failure to deliver the flat as promised. This is also covered under Section 18 of RERA.
• Request for Completion: If you wish to continue with the project, you can request the RERA authority to direct the builder to complete the project. This is applicable if the project is still viable and you prefer to wait for completion.
• Engage in Mediation: RERA encourages mediation and settlement between buyers and builders. If the authority believes that mediation might resolve the dispute, they may refer the matter accordingly.
• Legal Action: If RERA does not provide adequate relief, you can approach the Consumer Forum under the Consumer Protection Act, 2019, for further redressal. You may claim damages for breach of contract and seek justice through this consumer protection mechanism.

Additionally, it’s essential to keep all documentation related to your booking, payments, and communications with the builder, as these will be important in substantiating your claims. You must act promptly, as there are specific time limits for filing complaints under RERA and the Consumer Protection Act.

In conclusion, under RERA, you have the right to seek refunds, compensation, or request project completion, ensuring that your interests as a buyer are protected.