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

Detailed Legal Analysis

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

Here are the steps you can take to address the issue:

• File a Complaint with the RERA Authority: You can file a complaint against the builder before the West Bengal Real Estate Regulatory Authority (RERA). The authority is mandated to resolve disputes between buyers and builders under Section 31 of the RERA.
• Gather Documentation: Collect all relevant documents including your sale agreement, payment receipts, and any correspondence with the builder regarding the delay. This documentation will support your case.
• Understand Your Rights: Under Section 18 of RERA, if the builder fails to hand over possession of the property within the stipulated time, you have the right to claim compensation. The builder is liable to pay you interest on the amount paid by you for every month of delay beyond the agreed date of possession.
• File an Online Complaint: You can register your complaint online on the RERA website of West Bengal (https://wbrera.wb.gov.in). Fill out the complaint form and attach the necessary documents for verification.
• Attend Hearings: Be prepared to attend hearings organized by the RERA authority. Present your case clearly, outlining the delays and the impact on you as a buyer.
• Seek Refund or Alternate Compensation: Depending on the outcome of your case, you can either seek a refund of your money or request the builder to expedite the completion and handover of your flat.
• Consider Legal Action: If the builder does not comply with the RERA authority's order, you may also consider filing a civil suit in a consumer court under the Consumer Protection Act, 2019. Additionally, you can seek legal advice for further actions.

It is essential to act promptly as RERA has specific timelines for filing complaints. Seek assistance from a legal expert if needed to navigate the process effectively.