My builder in Dibrugarh 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 Dibrugarh for the delay in delivering your flat.

RERA was enacted to protect the interests of homebuyers and ensure transparency in the real estate sector. The Act mandates builders to adhere to committed timelines for the completion and delivery of projects. If a builder fails to deliver the property within the stipulated time, buyers can seek redressal through RERA authorities.

Here are the steps you should follow to file a RERA complaint:

• Gather Documentation: Collect all relevant documents, including:
  • All agreements related to the purchase of the flat (e.g., Sale Agreement, Allotment Letter).
  • Payment receipts and bank statements showing payments made to the builder.
  • Correspondence with the builder regarding the delay.
  • Any advertisements or brochures that promised specific delivery timelines.
• Visit the RERA Website: Go to the official RERA website of Assam or the specific state where your property is located.
• File a Complaint: Fill out the complaint form available online. Ensure you provide accurate details, including:
  • Your personal details (name, contact information).
  • Details of the builder and the project.
  • A clear statement of the grievance, including the delay and any financial losses incurred.
• Pay the Required Fee: A nominal fee may be applicable for filing the complaint. Ensure you pay this fee as directed on the portal.
• Follow Up: After submission, keep track of your complaint status through the RERA website. You may also receive a notice from RERA for a hearing.

According to Section 18 of the RERA Act, if the builder delays possession, the buyer is entitled to receive interest on the amount paid. Furthermore, under Section 31, buyers can approach the Appellate Tribunal if they are not satisfied with the RERA authority's decision.

In case of continued issues, you may also consider filing a consumer complaint under the Consumer Protection Act, 2019, for deficiencies in service. This dual approach can increase your chances of effective resolution.