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

Detailed Legal Analysis

If your builder in Gaya 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, you have several rights and options to address this issue:

• File a Complaint: You can file a complaint against the builder with the Real Estate Regulatory Authority (RERA) of Bihar. The authority is responsible for addressing grievances related to delayed possession.
• Documents Required: Gather all relevant documents, including:
  • All agreements made with the builder (such as the Sale Agreement).
  • Receipts of payments made.
  • Any communication exchanged with the builder regarding possession.
• Timeframe for Filing: Ensure you file your complaint within the stipulated time frame as per RERA provisions, typically within 5 years from the date of possession as promised by the builder.
• Remedies Available: Upon filing a complaint, the RERA authority may:
  • Order the builder to hand over possession within a stipulated period.
  • Direct the builder to compensate you for any losses incurred due to the delay.
  • In certain cases, you may also seek a refund of the amount paid along with interest.
• Legal Action: If you are unsatisfied with the decision made by RERA, you have the right to appeal to the Appellate Tribunal within 60 days of the order.

Additionally, under Section 18 of the RERA Act, if the builder fails to deliver possession, you are entitled to interest on the amount paid by you, which is calculated at the State Bank of India’s highest marginal cost of lending rate plus 2%. This provision emphasizes the builder's accountability in case of delays.

Lastly, it may also be advisable to consult a legal professional specializing in real estate to explore further options, including filing a civil suit for specific performance of the contract or damages for breach of contract.