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

Detailed Legal Analysis

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

As a homebuyer, you can take the following steps to seek redressal:

• File a Complaint with RERA: The first step is to lodge a complaint with the Kerala Real Estate Regulatory Authority (K-RERA). You can file your complaint online through their official website or submit a physical application.
• Details Required: Ensure to include the following details in your complaint:
  • Your personal details and contact information.
  • Details of the project, including the name of the builder, project registration number, and the nature of the complaint.
  • Documentary evidence of your booking, such as the sale agreement, payment receipts, and any correspondence with the builder.
• Grounds for Complaint: Under Section 18 of RERA, if the builder fails to complete the project or is unable to give possession in accordance with the agreement, you have the right to:
  • Seek a refund of the amount paid along with interest.
  • Request possession of the flat if the project is completed.
• Compensation: You can also claim compensation for any loss suffered due to the delay or abandonment of the project. This is covered under Section 12 of RERA, which mandates that the builder must compensate the buyer for any false representation.
• Approach the Appellate Tribunal: If you are dissatisfied with the decision of K-RERA, you can appeal to the Real Estate Appellate Tribunal within 60 days of the order, as per Section 44 of RERA.
• File a Civil Suit: As a last resort, you may also consider filing a civil suit in the appropriate court for recovery of your dues, though this may be a longer and more complex process.

In summary, the RERA provides a robust framework for protecting the rights of homebuyers. By following the outlined procedures, you can effectively seek redressal for the abandonment of the project by the builder.