My builder in Ajmer has delayed giving possession of my flat for over three years, what can I do under RERA?

Detailed Legal Analysis

If your builder in Ajmer has delayed giving possession of your flat for over three years, you can take action under the Real Estate (Regulation and Development) Act, 2016 (RERA).

Under RERA, you have the right to file a complaint against the builder for the delay in possession. Here are the steps you should consider:

• Gather Documentation: Collect all relevant documents such as the sale agreement, payment receipts, and any correspondence with the builder regarding possession.
• Check RERA Registration: Ensure that your project is registered under RERA. You can verify this on the official RERA website for your state (Rajasthan RERA in this case).
• File a Complaint: If the project is registered, you can file a complaint with the RERA authority. You will need to fill out the complaint form (Form A) and pay the applicable fee.
• Cite Relevant Sections: Under Section 18 of the RERA Act, if the builder fails to deliver possession on time, you are entitled to receive interest for every month of delay. You can claim this interest from the builder for the period of delay.
• Seek Refund or Compensation: You have the option to either demand possession of the flat or seek a refund of the amount paid along with interest. Under Section 18(1) of RERA, if the builder fails to hand over possession, you can ask for a refund with interest.
• Attend Hearing: After filing the complaint, you will be notified of a hearing. Attend this hearing and present your case with all supporting documents.
• Follow Up: Keep track of the proceedings and ensure that the builder complies with the order issued by the RERA authority.

Additionally, if the builder continues to delay or does not comply with the RERA order, you may consider approaching the Consumer Forum under the Consumer Protection Act, 2019, for further relief.

It is advisable to consult with a legal expert who specializes in property law to guide you through this process effectively and ensure you receive the justice you deserve.