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

Detailed Legal Analysis

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

Under RERA, homebuyers are protected against delays in possession, and you have several options to seek redressal:

• File a Complaint: You can lodge a complaint with the Real Estate Regulatory Authority (RERA) of Uttar Pradesh. The complaint process includes the following steps:
• Visit the official website of UP RERA.
• Register yourself as a complainant if you haven't already.
• Fill out the required complaint form with details about your purchase and the builder's delay.
• Attach supporting documents such as the sale agreement, payment receipts, and any correspondence with the builder.
• Submit the complaint form online or at the RERA office.
• Pay the applicable fee for filing the complaint.
• Claim Compensation: Under Section 18 of the RERA, if a builder fails to hand over possession of a flat within the specified time, the buyer is entitled to:
• Receive possession of the apartment along with interest for the delay.
• Claim a refund of the amount paid along with interest if you choose to cancel the booking.
• Seek an Interim Order: If the delay has caused significant financial loss or distress, you can request an interim order from RERA for immediate action against the builder.
• Engage in Mediation: RERA provides for mediation between buyers and builders to resolve disputes amicably. This can be a quicker alternative to a formal hearing.
• File a Civil Suit: If RERA does not provide satisfactory relief, you can approach the civil courts for compensation under the provisions of the Indian Contract Act, 1872, and the Consumer Protection Act, 2019.
• Stay Updated: Keep track of your complaint status through the RERA portal and be prepared to provide any additional information if required.

It is advisable to consult with a legal professional who specializes in property law to guide you through the process and ensure that your rights are protected effectively.