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

Detailed Legal Analysis

If a builder abandons a project, you have several remedies under the Real Estate (Regulation and Development) Act, 2016 (RERA). RERA was established to protect the interests of homebuyers and ensure transparency in the real estate sector.

Here are the steps and remedies available to you under RERA:

• File a Complaint with RERA:
  • You can file a complaint with the Real Estate Regulatory Authority in Maharashtra (Maharashtra RERA) if the builder has failed to deliver the project as per the agreement.
  • The complaint must be filed within 5 years from the date of the promised completion of the project.
  • The complaint can be filed online through the Maharashtra RERA website.
• Seek Refund and Compensation:
  • Under Section 18 of RERA, if the builder fails to complete the project, you are entitled to a refund of the amount paid along with interest.
  • You may also claim additional compensation for any losses incurred due to the delay or abandonment of the project.
• Engagement with the Builder:
  • Before escalating the matter to RERA, attempt to communicate with the builder to understand the reasons for the abandonment and discuss possible resolutions.
  • Documentation of all communications with the builder should be maintained for future reference.
• Form a Society of Homebuyers:
  • Consider forming a group with other affected buyers to strengthen your case against the builder.
  • A collective approach can lead to more effective negotiations with the builder or a stronger case when approaching RERA.
• Legal Action:
  • If remedies under RERA do not yield satisfactory results, consider approaching the Consumer Forum under the Consumer Protection Act, 2019.
  • Section 2(1)(d) of the Act defines a service that may be claimed against the builder for deficiency in service.

In summary, under RERA, you have the right to file a complaint against the builder, seek refunds and compensation, communicate for resolution, form a collective group, and pursue legal action if necessary. It is advisable to consult with a legal professional specializing in property law for detailed guidance and assistance.