I paid full amount for a flat in Allahabad but builder is not registering it what to do

Detailed Legal Analysis

If the builder is not registering the flat despite full payment, you can take legal action against them under the provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA) and the Indian Contract Act, 1872.

Here are the steps you can follow to address this issue:

• Review Your Agreement: Check the sale agreement or builder-buyer agreement for any clauses related to registration and the obligations of the builder.
• Document Everything: Gather all relevant documents such as payment receipts, the agreement, correspondence with the builder, and any notices sent.
• Contact the Builder: Initially, approach the builder formally through a written notice requesting the registration of the flat, specifying the timeline within which they should comply.
• File a Complaint with RERA: If the builder does not respond satisfactorily, file a complaint with the Real Estate Regulatory Authority in your state. Under Section 31 of RERA, you can seek redressal for your grievances.
• Legal Notice: If no action is taken, consider sending a legal notice through an advocate, stating your demands and giving a final opportunity to the builder to comply.
• File a Civil Suit: As a last resort, you can file a civil suit for specific performance under Section 10 of the Specific Relief Act, 1963, seeking a court order for the registration of the flat.
• Claim Damages: In addition to the registration, you may also claim damages for any inconvenience caused due to the builder's failure to register the property.

Relevant laws and sections to consider include:

• Real Estate (Regulation and Development) Act, 2016: Sections 3, 4, and 31 are particularly relevant for builders' obligations and buyers' rights.
• Indian Contract Act, 1872: Section 55 deals with the performance of contracts, which can be invoked if the builder fails to perform their duty.
• Specific Relief Act, 1963: Section 10 allows for the specific performance of contracts.

By following these steps, you can effectively address the issue of non-registration of your flat in Allahabad.