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

Detailed Legal Analysis

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

Under RERA, the following steps can be taken to address the issue of delayed possession:

• File a Complaint: You can file a complaint against the builder with the Real Estate Regulatory Authority (RERA) of Bihar. This can be done online through the RERA website or in person.
• Documentation: Prepare a detailed complaint including:
• Details of the project and the builder.
• Copy of the sale agreement.
• Evidence of the payment made (receipts, bank statements).
• Documents showing the promised possession date.
• Any communication with the builder regarding the delay.
• Seek Compensation: Under Section 18 of RERA, if the builder fails to deliver possession on time, you are entitled to receive interest on the amount paid, as well as the option to withdraw from the project and receive a refund.
• RERA Authority Hearing: After filing the complaint, a hearing will be scheduled where both you and the builder can present your cases. RERA will then issue an order based on the merits of the case.
• Enforcement of RERA Order: If the builder fails to comply with the order of the RERA, you can approach the State Consumer Disputes Redressal Commission for enforcement of the order.
• Legal Action: If necessary, you may also consider filing a civil suit for specific performance of the contract or seeking damages in a civil court.

It is important to act promptly, as RERA stipulates a time limit for filing complaints. Ensure you keep all correspondence and documents related to the purchase and the delay, as these will be crucial for your case.

For further assistance, consider consulting with a lawyer who specializes in real estate law to guide you through the process and represent your interests effectively.