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

Detailed Legal Analysis

If your builder in Dindigul 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, the following steps can be taken to address the situation:

• File a Complaint with RERA: You can file a complaint against the builder with the respective State Real Estate Regulatory Authority. In Tamil Nadu, this can be done through the Tamil Nadu Real Estate Regulatory Authority (TNRERA).
• Gather Documentation: Collect all relevant documents, including the sale agreement, payment receipts, and any communication with the builder regarding possession. This documentation will support your claim.
• Understand Your Rights: According to Section 18 of RERA, if a builder fails to hand over possession in accordance with the agreement, he is liable to compensate the allottee. This may include a refund of the amount paid along with interest.
• Seek Compensation: You can claim compensation for the delay. Section 19(4) of RERA mandates that builders must compensate the buyer for any loss caused due to delays in possession.
• Alternative Dispute Resolution: RERA encourages the resolution of disputes through mediation. You may consider this option before pursuing further legal action.
• Legal Action: If necessary, you can escalate the matter to the Real Estate Appellate Tribunal as per Section 43 of RERA if you are not satisfied with the decision made by the State Authority.

Additionally, it is advisable to consult with a legal professional specializing in property law to ensure that your rights are protected and to assist you in navigating the RERA process effectively.

It’s important to note that RERA is designed to safeguard the interests of homebuyers and promote transparency in the real estate sector. Therefore, it provides a robust framework to address grievances related to possession delays.