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

Detailed Legal Analysis

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

Under RERA, several provisions protect homebuyers against delays in possession, and you have a right to seek redressal. Below are the steps you can take:

• File a Complaint: You can file a complaint against the builder with the Real Estate Regulatory Authority (RERA) of Uttar Pradesh. Section 31 of the RERA Act empowers you to approach RERA for redressal of grievances related to delays in possession.
• Gather Documentation: Collect all relevant documents such as:
  • Sale agreement or builder-buyer agreement
  • Payment receipts
  • Any communication with the builder regarding possession
  • Registration details of the project under RERA
• Submit the Complaint: You can file your complaint online or offline with the Uttar Pradesh RERA. Ensure to include:
  • Your details and contact information
  • Details of the builder and the project
  • Specifics of the delay and your claims for compensation
• Seek Compensation: Under Section 18 of the RERA Act, if the builder fails to hand over possession as per the agreement, you can claim:
  • Possession of the flat
  • Refund of the amount paid along with interest
  • Compensation for any losses incurred due to the delay
• Attend Hearings: After filing the complaint, RERA will schedule a hearing. Be prepared to present your case and provide evidence of the builder's delay.
• Follow Up: Stay in touch with RERA and keep track of the proceedings. You can also escalate the matter to the Appellate Tribunal if you are dissatisfied with RERA's order as per Section 44 of the Act.

It is advisable to consult with a legal professional specializing in real estate to help navigate the process and ensure your rights are protected effectively.