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

Detailed Legal Analysis

If your builder in Haridwar 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 options to address the issue of delayed possession:

• File a Complaint with RERA: You can file a complaint against the builder with the local RERA authority. This can be done online or offline, depending on the state’s provisions.
• Documentation: Ensure you have all necessary documents ready, including:
  • Sale agreement
  • Payment receipts
  • Builder's registration details with RERA
  • Any communication regarding possession
• Time Limit: Complaints must be filed within 5 years from the date of possession as per Section 31 of RERA.
• Seek Refund or Compensation: Under Section 18 of RERA, if the builder fails to deliver possession on time, you are entitled to:
  • A refund of the amount paid along with interest
  • Compensation for any losses incurred due to the delay
• Intimate the Builder: Send a formal notice to the builder detailing the delay in possession and your intention to take action. This serves as a record of your grievance.
• Engage a Lawyer: If necessary, consult with a lawyer who specializes in property law to assist in drafting complaints or legal notices.

Additionally, you can approach the Consumer Forum under the Consumer Protection Act, 2019 if RERA does not provide a satisfactory resolution. This is applicable under the provisions of Section 2(1)(d) which defines 'services' to include residential properties sold by builders.

Lastly, you can also consider joining a group of other affected buyers and collectively approach RERA or seek legal recourse, as collective actions often carry more weight and can lead to quicker resolutions.