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

Detailed Legal Analysis

If your builder in Guntur has delayed possession of your flat for over three years, you can take action under the Real Estate (Regulation and Development) Act, 2016 (RERA). This Act was enacted to protect the interests of homebuyers and promote transparency in the real estate sector.

Here are the steps you can take to address the delay in possession:

• File a Complaint with RERA: You can lodge a complaint against the builder with the Andhra Pradesh Real Estate Regulatory Authority (AP RERA). The complaint can be filed for delays in possession, as per Section 31 of the RERA.
• Gather Relevant Documents: Collect all relevant documents such as your sale agreement, payment receipts, correspondence with the builder, and any communication regarding possession dates.
• Prepare a Written Complaint: Draft a detailed complaint outlining the issues faced, including the date of the original possession date, the reasons for the delay, and any responses received from the builder.
• Submit the Complaint: File your complaint online or in person at the AP RERA office. Ensure you include all necessary documents and pay the required fee.
• Attend Hearings: After your complaint is submitted, you may be called for a hearing. Present your case clearly, backed by evidence.
• Seek Orders for Possession or Compensation: RERA has the authority to direct the builder to hand over possession of the flat or pay compensation for the delay as per Section 12 of the RERA, which mandates timely delivery of possession.
• Consider Legal Action: If RERA’s orders are not complied with, you can consider further legal action in a civil court under the specific provisions of the Indian Contract Act, 1872, and the Specific Relief Act, 1963.

Additionally, under RERA, if the builder fails to deliver possession, the buyer is entitled to interest on the amount paid for the period of delay as stipulated under Section 18 of the Act. The compensation can be calculated based on the rate specified in the agreement or the prevailing market rate.

In conclusion, RERA offers a structured approach to deal with delays in possession, ensuring that builders adhere to their commitments and providing relief to homebuyers in cases of defaults.