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

Detailed Legal Analysis

If your builder in Faridabad has delayed giving possession of your flat for over three years, you can seek redress under the Real Estate (Regulation and Development) Act, 2016 (RERA). This legislation provides a framework for protecting homebuyers and ensuring timely delivery of possession.

Here are the steps you can take to address the delay and seek compensation:

• File a Complaint with RERA: You can file a complaint against the builder with the Haryana Real Estate Regulatory Authority (HRERA) under Section 31 of the RERA Act. Ensure you have all relevant documents such as the sale agreement, payment receipts, and any communication with the builder.
• Claim for Possession: Under Section 18 of RERA, if the builder fails to deliver possession on time, you are entitled to compensation. This can be either interest on the amount paid or possession of the flat. The interest is typically calculated at the rate prescribed under the act, which is the State Bank of India’s highest marginal cost of lending rate plus 2%.
• Documentation: Gather all supporting documentation to strengthen your case. This includes:
  • Sale agreement or allotment letter.
  • Proof of payments made.
  • Correspondence with the builder regarding possession.
  • Any notices or letters sent to the builder regarding the delay.
• Attend Hearings: Once you file the complaint, RERA will schedule a hearing. Be present and prepared to present your case effectively.
• Seek Legal Help: If necessary, consult with a lawyer who specializes in property law. They can help you navigate the legal proceedings and represent you in hearings.
• File a Civil Suit (if needed): If the issue is not resolved through RERA, you may consider filing a civil suit in the appropriate court for recovery of possession and damages under the provisions of the Specific Relief Act, 1963.

In addition, you may also approach the Consumer Forum under the Consumer Protection Act, 2019, as homebuyers are considered consumers. You can seek compensation for the delay and any mental harassment caused by it.

It's crucial to act promptly as there are time limits for filing complaints and suits. Documentation and adherence to legal procedures are key to a successful resolution of your case.