I have booked 2 2 bhk flats, but my builder is not doing the project, my time is over, please advice what to do.

Detailed Legal Analysis

If your builder is not completing the project for the 2 BHK flats you have booked, you have several legal avenues to pursue to seek redressal. The primary legislation governing real estate transactions and builder-buyer relationships in India is the Real Estate (Regulation and Development) Act, 2016 (RERA). Here are the steps you should consider taking:

• Verify Registration: Check if the project is registered under RERA. You can do this by visiting the official RERA website of Assam and entering the project details. If the builder is not registered, you may have stronger grounds for action.
• File a Complaint with RERA: If the builder is registered, you can file a complaint with the RERA authority. The process typically involves:
  • Filling out a complaint form available on the RERA website.
  • Paying any required fee (as specified by RERA).
  • Providing all relevant documents, such as the sale agreement, payment receipts, and communication with the builder.
• Demand for Possession: You can formally write to the builder demanding possession of your flats as per the terms of your agreement. This letter should outline the details of your booking, payments made, and the delay in completion.
• Seek Legal Notice: If the builder fails to respond or take action, consider sending a legal notice through a lawyer. The notice should:
  • State the facts regarding the booking and the delay.
  • Demand a resolution within a specific time frame.
  • Indicate your intent to pursue further legal action if the issue is not resolved.
• File a Consumer Complaint: You may also file a complaint before the Consumer Forum under the Consumer Protection Act, 2019. The Forum can provide remedies, including:
  • Compensation for the delay.
  • Order for completion of the project.
  • Refund of the amount paid.
• Documentation: Keep all records of transactions, communications, and agreements as they will be crucial for any legal proceedings.

It’s advisable to consult with a legal professional who specializes in real estate matters to guide you through the process and represent your interests effectively.