My builder in Howrah delayed my flat by three years; can I file a RERA complaint?

Detailed Legal Analysis

Yes, you can file a complaint under the Real Estate (Regulation and Development) Act, 2016 (RERA) due to the delay in possession of your flat in Howrah.

Under RERA, builders are obligated to deliver possession of residential projects within the specified time frame, and any delay can warrant a complaint from buyers. Here are the steps and key points regarding filing a complaint:

• Eligibility to File a Complaint: As a buyer, you have the right to file a complaint if the builder has delayed possession beyond the promised date as per the sale agreement.
• Time Frame for Filing: You must file your complaint within 5 years of the possession date mentioned in the agreement.

To initiate the complaint process, follow these steps:

• Gather Documentation: Collect all relevant documents including:
  • Sale Agreement
  • Payment Receipts
  • Builder's communication regarding possession
• File a Complaint Online: Visit the official RERA website of West Bengal and create an account. You can file the complaint online by:
  • Navigating to the 'Complaints' section
  • Filling in the necessary details regarding your complaint
• Pay the Fee: A nominal fee is required for filing the complaint, which varies based on the amount in question.
• Await Acknowledgment: Once submitted, you will receive an acknowledgment with a unique complaint number for tracking.
• Attend Hearings: Be prepared to attend hearings if the RERA authority schedules them for your case.

Relevant provisions under RERA include:

• Section 18: This section provides for the rights of the allottee to claim possession and compensation for delays.
• Section 31: Allows for the filing of complaints by allottees regarding the promoter's defaults.

If the complaint is upheld, you may be entitled to compensation, which can include the refund of the amount paid along with interest or damages for the delay. It is advisable to consult with a legal professional who specializes in real estate law to guide you through the process effectively.