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

Detailed Legal Analysis

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

Under RERA, buyers have specific rights when developers fail to deliver possession on time. Here are the steps and options available to you:

• File a Complaint with RERA:
  • You can file a complaint against the builder with the RERA authority in your state. In Chhattisgarh, this would be the Chhattisgarh Real Estate Regulatory Authority.
  • The complaint must include details such as your agreement, the timeline, and evidence of the delay.
  • The RERA authority will investigate the complaint and can direct the builder to complete the project or provide compensation.
• Seek Compensation:
  • Under Section 18 of RERA, if the builder fails to deliver possession on time, you are entitled to compensation.
  • The compensation can include interest for the delay at the rate prescribed under the act.
• Request for Possession:
  • You can formally request the builder in writing for possession of your flat.
  • Keep a record of all communications as evidence in case of future disputes.
• Legal Action:
  • If the builder does not respond or resolve the issue, you can file a civil suit for recovery of possession and damages in the relevant civil court.
  • Consulting a lawyer who specializes in property law would be beneficial for guidance and representation.

Additionally, under Section 4 of RERA, builders are required to register their projects, and if they fail to do so, they can face penalties. Ensure you check if your builder has complied with this requirement.

It is advisable to act promptly since there are specific timelines for filing complaints and seeking remedies under RERA. Always keep copies of all documents related to your purchase and communications with the builder to strengthen your case.