My builder in Bikaner delayed my flat by three years; can I file a RERA complaint?

Detailed Legal Analysis

Yes, you can file a complaint under the Real Estate (Regulation and Development) Act, 2016 (RERA) against your builder in Bikaner for the delay in delivering your flat.

The RERA aims to promote transparency, accountability, and efficiency in the real estate sector. If your builder has delayed the possession of your flat beyond the stipulated time, you have the right to seek redressal under this Act. Here are the steps and key points to consider:

• Eligibility to File a Complaint:
  • You must be a homebuyer or an aggrieved person who has entered into an agreement for the purchase of a flat.
  • The builder must be registered under RERA and must have committed a delay in delivering possession.
• Timeline for Filing a Complaint:
  • Complaints can be filed within three years from the date the possession was due, as per Section 84 of the RERA.
• Documents Required:
  • Copy of the Sale Agreement or Builder-Buyer Agreement.
  • Payment receipts and records of communication with the builder.
  • Proof of delay, such as the original project completion date and the current status.
• Filing the Complaint:
  • Visit the official RERA website of Rajasthan: rera.rajasthan.gov.in.
  • Register yourself as a complainant and fill out the complaint form online.
  • Pay the necessary fee, which is usually nominal.
  • Submit your complaint along with the required documents.
• Resolution Process:
  • RERA will review the application and may call for a hearing.
  • The builder will be notified and given a chance to respond.
  • RERA will issue an order based on the findings, which may include directives to the builder to deliver possession or provide compensation.

Additionally, you can seek compensation for the delay under Section 18 of RERA, which provides for interest on the amount paid by the buyer if possession is delayed. It is advisable to consult with a legal expert in real estate matters to guide you through the process effectively.